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(영문) 수원지방법원 2018.11.15 2017나13882
공사대금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 6,688,400 as well as the full payment with respect thereto from April 16, 2017.

Reasons

1. Examining the reasoning of Gap evidence No. 1, Gap evidence No. 2, this court's order for submission of each document against the plaintiff and Eul architect in addition to the purport of all pleadings. ① On October 10, 2014, the plaintiff was subcontracted with construction cost of KRW 18 million (excluding value-added tax), construction period from October 22, 2014 to October 31, 2014; ② even though the plaintiff performed the construction in the course of performing the construction in this case, he/she did not pay additional construction cost of KRW 18 million (hereinafter "the additional construction in this case"), the additional construction in this case (hereinafter "the additional construction in this case"), and the additional construction in this case, within one week after the completion of construction work period; ② even though the plaintiff did not pay the additional construction cost, the construction cost of the additional construction in this case and the additional construction in this case.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 6,688,400 won and 15% interest per annum from April 16, 2017 to the date of full payment, which is the day following the delivery of a copy of the complaint of this case to the defendant, as requested by the plaintiff, after the completion date of construction of the plaintiff.

2. Conclusion, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning.

Since the judgment of the first instance is unfair in conclusion with different conclusions, it is so decided as per Disposition by accepting the plaintiff's appeal and cancelling the judgment of the first instance, and ordering the defendant to pay the money as stated in paragraph (2) of the Disposition.

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