(영문) 부산지방법원 2016.11.08 2015가단45433

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(영문) 부산지방법원 2016.11.08 2015가단45433

약정금

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1. The defendant shall issue a defective warranty for the new construction of the B neighborhood living facilities from the plaintiff.

Reasons

1. On October 7, 201, the Plaintiff entered into a contract with the Defendant for construction of a neighborhood living facility of the fourth floor size on the ground B (hereinafter “instant new construction project”) with the construction cost of KRW 721,050,00,000 from October 8, 201 to April 6, 2012, and entered into an agreement with the Defendant on July 26, 2012 to pay the Plaintiff the final settlement amount of KRW 90,00,000 (hereinafter “instant settlement agreement”) in relation to the instant new construction project (hereinafter “instant settlement agreement”), barring any dispute between the parties, or in full view of the purport of the arguments and arguments, the Defendant is obligated to pay the instant settlement and delay damages to the Plaintiff, barring any special circumstance.

2. Judgment on the defendant's assertion

A. The defendant asserts that the deduction from the transfer of bonds should be deducted since the plaintiff transferred part of the settlement amount of this case to the effect that it should be deducted.

Therefore, comprehensively taking account of the following: (a) on March 10, 2014, the Plaintiff transferred the claim of KRW 26,647,570 out of the instant settlement amount to the Taecheon Construction Co., Ltd. (hereinafter “ Taecheon Construction”) and notified the Defendant of the transfer of the said claim on March 11, 2014; and (b) on the fact that the said notification reached the Defendant around that time.

According to the above facts of recognition, since the plaintiff's claim of KRW 26,647,570 that the plaintiff transferred to Tae Taek Construction was reverted to Tae Taek Construction other than the plaintiff, the defendant's assertion that the above claim of KRW 26,647,570 from the settlement amount of this case was justified.

B. The defendant asserts that the compensation deduction in lieu of defect repair should be deducted since the defendant paid the cost of defect repair on behalf of the plaintiff.

Therefore, lives, B, 3, 8 numbers.

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