The scope of the contractor's remainder of the construction contract in the simultaneous performance relationship with the damage claim in lieu of the defect repair of the contractor.

Where the contractor claims damages in lieu of the repair of defects, the contractor may refuse only the payment of the amount of compensation equivalent to the amount of compensation until he receives the compensation for damages, and the payment of the remainder shall not be refused. Therefore, the contractor's claim for the damages of the contractor and the amount of the damages equivalent to the amount of the above damages claim of the remainder of the construction work shall be limited to the amount of the remainder of the construction work, and the remainder of the construction remainder shall not be deemed to have a simultaneous

Article 667 of the Civil Act, Article 536 of the Civil Act

[Defendant-Appellee] Defendant 1 and 3 others

Attorney Cho Jae-ho et al., Counsel for the defendant-appellee-appellant

Seoul High Court Decision 89Na13648 delivered on December 1, 1989

The judgment below is reversed and the case is remanded to Seoul High Court.

We examine the grounds of appeal.

1. According to the reasoning of the judgment below, the court below recognized the fact that there is a defect in the part of security lights in the part of the pent, emotional and security lighting installation works executed by the non-party Seoul Company, and recognized the fact that there is a defect in the part of 10,393,201 won in the pent, and the part of the pents installation works, which is 2,330,723,205 won in remuneration, and the amount of 12,723,205 won in remuneration, and held that there is a damage claim in lieu of the defect repair of 12,723,205 won in remuneration against the non-party Company. In light of the records, the fact-finding of the court below is just and there is no violation of the rules of evidence or any violation of

2. According to the reasoning of the judgment below, on April 23, 1986, the non-party company: the non-party company transferred KRW 60,00,00 among the above construction price claims to the plaintiff on August 1, 1986; the non-party company transferred KRW 112,979,867 to the non-party company; the non-party company transferred KRW 60,00,00 among the above construction price claims to the defendant company on April 23, 1986; the non-party company entered into the contract with the defendant association on the condition that the contract was made at the time when the non-party company was the contractor; the non-party company entered into the contract with the non-party company on the part of the non-party company; the non-party company and the non-party company entered into the contract on the part of the non-party company as the contractor; the non-party company had the obligation to pay the non-party company's damages claim 60,574,878 won to the non-party company and the non-party company 2.

However, in case where a contractor claims compensation in lieu of compensation for defects, the contractor may refuse only the payment of compensation until he receives the compensation for damages, and the payment of the remainder shall not be refused. Therefore, if the facts are as determined by the court below, the claim in concurrent performance relationship with the damage claim of KRW 12,723,205 at the time of original payment of the defendant union was 65,574,878 at the time of original payment of the non-party company, and the claim of KRW 52,851,673 at the time of original payment of the remainder of the construction shall not be deemed to be in concurrent performance relationship with the above damage claim (the claim of KRW 65,574,878 at the time of original payment of the compensation for damages is 29,723,723,205 at the time of original payment of the damage claim of KRW 65,574,878 at the time of original payment of the compensation for damages and the claim of KRW 29,36375,2965,375

3. Therefore, the lower judgment is reversed, and the case is remanded to the lower court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yoon In-tae (Presiding Justice)