logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원포항지원 2019.12.19 2019가단100279
공사대금
Text

1. The Defendant: 5% per annum from February 18, 2019 to December 19, 2019, and on December 20, 2019, to the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) On November 23, 2017, the council of occupants’ representatives of the North-gu D apartment in the north-gu, Dong-si entered into an apartment organization fire insurance contract with the Defendant (insurance maturity, November 23, 2018), which was jointly owned by the Defendant, around August 8, 2018, when a fire occurred from the upper floor of the above apartment E owned by the Defendant, and on August 10, 2018, the Defendant requested the Plaintiff to perform the internal construction work under the above subparagraph.

B. The main contents of the delegation agreement concluded on August 10, 2018 between the Plaintiff and the Defendant on the details of the internal construction work are as follows, and the Defendant decides to sign a mutual agreement on the items of the construction work.

4. The delegating person shall delegate only the matters concerning buildings to the contractor, and shall exclude the household effects; and

8. A delegating person shall immediately submit relevant documents so that the contractor may receive insurance proceeds;

14. A constructor may conclude an agreement between the mandator and the construction period after mutual consultation;

[1] Around September 2018, the construction work was completed at around 2018, on the ground that the construction was conducted at around September 2018, at the bottom of the living room, / the ceiling floor of the main ceiling / the front floor / the bottom 1,00 floor wall of the lower bank / the bottom 2,000 floor wall of the lower bank.

C. As a result of the appraisal commission, the construction cost as of September 2018 for the Plaintiff’s interior construction work as of September 2018 is KRW 32,65,00 (turf less than full cost; hereinafter the same shall apply) and the standard repair cost as of March 2019 is KRW 6,30,000.

[Ground] Facts without dispute, Gap Nos. 1-7 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1-5, F's entrustment of appraisal, inquiry inquiry, and the purport of the whole pleadings

2. Determination

A. (1) The Plaintiff sought payment of construction cost of KRW 34,801,513 as of March 2019, which is the date of filing the instant lawsuit. (2) Although the Plaintiff Defendant did not specify the timing for payment of construction cost in the delegation agreement, the construction cost is to be paid when the construction is completed, barring any special circumstance, and thus, the Defendant is obliged to pay the Plaintiff construction cost of KRW 32,650,000 as of September 201 and its delay damages.

arrow