beta
Text
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
The purport of the claim and the purport of the appeal.
Reasons
1. Determination
A. A. Around October 2018, the Plaintiff driving Poke equipment received KRW 2,530,00 (including value added) from the Defendant and carried out the removal of the building at the construction site near the Sinju City. The fact that the Defendant was not paid the said price by the Defendant is not disputed between the parties, or that the Defendant did not dispute between the parties, and that the Defendant’s testimony at the first instance trial witness D is recognized by taking into account the overall purport of the pleadings. Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the unpaid price of KRW 2,530,00 and the delayed damages therefrom.
B. As to this, the Defendant did not properly resolve the defect caused by the Plaintiff’s destruction, etc. of the equipment of the waterworks pipe and the adjacent building while performing the removal work. Therefore, if the cost of the resolution is deducted from KRW 3 million, the payment to the Plaintiff did not remain.
As a result, it is insufficient to acknowledge the fact that the plaintiff caused the above defects only by the testimony of Gap evidence Nos. 1-1 to 4-2, and part of the testimony of the witness E at the trial, and there is no other evidence to acknowledge it (in the testimony of witness D at the trial of the court of first instance, it seems that the defendant's assertion was not occurred during the plaintiff's work but occurred after the plaintiff's work). The above argument by the defendant is without merit.
(c)
Therefore, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 2.30,000 and the amount of delayed damages calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 30, 2019 to May 31, 2019, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
2. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.