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(영문) 대구지방법원 2020.07.28 2019나316203
설치대금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Claims for construction cost;

A. In full view of the facts acknowledged as Gap's evidence Nos. 1, 2, 3, 7, 9, Eul evidence Nos. 1 and 8, and the purport of Eul's testimony and the whole arguments, the following facts are recognized:

1) On March 23, 2015, the Plaintiff supplied and installed interior fish supply and installation works (hereinafter “instant construction works”) from the Defendant among the new construction works of the Gu-U.S.-si and one parcel of land Etel on the ground.

(1) A subcontract was awarded during the construction period from March 23, 2015 to July 31, 2015 (hereinafter “instant subcontract”).

(2) The instant construction cost is KRW 75,000,000 (excluding value-added tax).

3. Although the Plaintiff completed the instant construction work, the Defendant paid only KRW 55,000,000 among the construction cost of the instant case to the Plaintiff, and did not pay the remainder of KRW 27,50,000 to the Plaintiff.

B. According to the facts of recognition as above, the Defendant is obligated to pay to the Plaintiff the remainder of the construction price of KRW 27,500,000 and damages for delay calculated at the rate of 6% per annum under the Commercial Act from May 26, 2016 to December 6, 2018, the delivery date of the original copy of the instant payment order, as the Plaintiff seeks, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

2. Judgment on the defendant's assertion

A. The Plaintiff and the Defendant asserted 1) In lieu of the payment of the construction cost of the instant case, the Defendant’s instant officetel F (hereinafter “instant officetel”) is the Plaintiff.

The sales contract was concluded at the time of sale in lots, and the sales price was set at KRW 126,00,000.

Therefore, according to the purport of the evidence No. 74,00,000 won in the sale price as above and the purport of the whole pleadings, the construction price of this case shall be KRW 75,00,000, as seen earlier in the facts of recognition. However, the defendant asserts that the construction price of this case is KRW 74,00,000,000, and thus, the defendant asserts as above.

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