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(영문) 인천지방법원 2016.07.14 2016나66
공사약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning for the court's explanation of this part of this case's defense is as follows: (a) the defendant filed a lawsuit against the deceased A to pay the amount of KRW 8,759,000 for damages because the deceased A did not deliver the prefabricated-type panel (Seoul Central District Court Decision 2014Da52588, the same court 2015Na3937, May 16, 2015), and this judgment may be recognized as final and conclusive on the same date, but it added "the plaintiff" to "the grounds for the judgment of the court of first instance" and "the plaintiff," as stated in paragraph (1) of Article 420 of the Civil Procedure Act, are the same as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the merits

A. 1) With respect to the cause of the claim, the network A supplied the construction from the Defendant. Since the Defendant paid only KRW 25,500,000 out of the sewage supply cost of KRW 43,00,000, the Defendant is obligated to pay the remainder of KRW 17,500,000 to the Plaintiff who solely inherited the network’s property right and delay damages therefor. 2) On March 20, 2013, the Defendant: (a) received the three-story extension construction of the building located in the Orcheon-si Office D (hereinafter “instant construction”); (b) around that time, the network and the roof construction part of the instant construction (hereinafter “the instant panel construction”) from the Defendant to the Defendant; and (c) at around 43,00,000, the network was subcontracted to the Plaintiff for the instant building construction work, but did not complete the instant construction work at around 2013 and around 4013.

C) At the time of the discontinuance of the instant construction work, the Defendant agreed to settle the amount of KRW 27,000,000 for the sales team construction work of this case by the deceased and A (hereinafter “instant settlement agreement”). The Defendant paid KRW 25,500,000 to the deceased and A.

E. The net A shall die on February 28, 2016.

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