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(영문) 의정부지방법원 2017.12.07 2016나6270
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On September 4, 2015, the Plaintiff entered into a contract with the Defendant on the terms that the Plaintiff would receive a contract (hereinafter “instant contract”) with the amount of KRW 19,200,000 (including value-added tax) of the cost of the instant construction (hereinafter “instant construction”).

B. On September 7, 2015, the Defendant paid KRW 2,000,000 to the Plaintiff as the instant construction cost.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The determination on the cause of the claim is examined, but the construction is not completed if the construction is not completed the last process scheduled to be interrupted during the course of the construction. However, it is reasonable to interpret that the construction is completed and the main structure of the construction is completed under the terms of social norms as agreed. However, if the construction is to be repaired due to an incomplete construction, it is only that there is any defect in the object but it is only a defect in the object. Whether the last process of the construction is completed should be objectively determined in light of the specific contents of the contract for the construction in question and the good faith principle.

(2) In light of the aforementioned legal principles, the Plaintiff’s performance of interior interior interior interior interior interior interior interior works under the instant contract on September 29, 2015 is recognized as having been completed around September 29, 2015, based on the following: (a) there is no dispute between the parties, or according to the entries and images of the evidence Nos. 4 and 6 (including the number of numbers, if any; hereinafter the same shall apply) and the purport of the entire pleadings, the Plaintiff is deemed to have completed the interior interior interior interior interior works under the instant contract. However, as seen below, the Plaintiff’s repair is necessary due to incomplete construction, and there is a defect in the Plaintiff’

Ultimately, as long as the instant construction is completed, the Defendant’s payment of KRW 17,200,000 (=19,200,000 - 2,000,000) to the Plaintiff, barring any special circumstances.

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