logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.10.18 2015가단24227
물품대금
Text

1. The defendant shall pay 71,983,00 won to the plaintiff and 15% per annum from September 2, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On November 4, 2014, the term “new construction project for the father-Gun Mobel” from the Defendant was set by December 15 of the same year, and the price was KRW 188,000,000 for the contract.

B. The plaintiff completed the above construction until the above period. The defendant paid the plaintiff a total of KRW 86,500,000 to the above construction cost, while taking 22,30,000 as necessary materials for the above construction, and supplied them to the plaintiff.

C. However, in the process of performing the above construction, there were defects in the floor disposal or the tent distribution, saves, in remote areas, windows, etc., and there were 7,187,000 won in total to repair them.

【Ground of recognition】 The purport of the whole pleadings, as a result of the defective appraisal of Gap's evidence 1, 2, 3, and 6 or a defect appraisal of images or appraiser C (Foundation D),

2. According to the facts found in the above determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the above construction cost of KRW 71,983,00 (i.e., the construction cost of KRW 188,00,000- the construction cost of KRW 86,50,000- the construction cost of KRW 22,330,00- the defect repair cost of KRW 7,187,000 for the initial claim of the Plaintiff. Accordingly, the Plaintiff reduced the claim for damages by deducting the repair cost of the above defect appraisal result from the above appraisal result of the construction) and damages for delay calculated at the rate of KRW 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 2, 2015 to the date of full payment, as sought by the Plaintiff.

3. Judgment on the defendant's defense

A. As to this, the Defendant asserts that he paid the Plaintiff KRW 120,000,000 in total as the above construction cost, and accordingly, the Defendant has a defense against the Plaintiff’s additional KRW 11,170,000 (=120,000,000-86,50,000-22,330,000) in addition to the amount that the Plaintiff deducted by himself.

There is no evidence to acknowledge that the defendant paid the money exceeding the money recognized as above.

arrow