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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On November 16, 2015, the Plaintiff entered into a contract with the Defendant to receive a contract for the construction cost of KRW 12,100,000 (including value-added tax) in the construction site of the new construction site of Ansan City from the Defendant, and completed the said construction on November 20, 2015, within the agreed construction period.
B. On February 10, 2016, the Plaintiff supplied the documents, etc. for inspection to the Defendant at KRW 770,000.
C. On August 1, 2016, the Plaintiff applied for a payment order of KRW 12,870,000 against the Defendant (i.e., KRW 12,100,000) and cited the payment order. The original copy of the payment order reached the Defendant on August 24, 2016, and the Defendant filed an objection on September 5, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings
2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the above 12,870,000 won and damages for delay calculated by the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from August 25, 2016 to the date of full payment, as requested by the plaintiff, on the following day after the original copy of the payment order was served to the defendant.
As to this, the defendant alleged to the effect that the payment of the construction price cannot be made to the plaintiff on the ground that the plaintiff was not paid the construction price by the original owner, but it cannot be a defense against the plaintiff's claim as well as the issues between the defendant and the original owner.
In conclusion, the plaintiff's claim is justified, and the defendant's appeal is dismissed on November 21, 2017, since the plaintiff's claim for construction cost against the defendant's original place of order was accepted in its entirety on November 21, 2017, and it was finalized on December 8, 2017 (Seoul District Court Decision 2016Da521728 decided November 21, 2017).