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(영문) 인천지방법원 2016.07.21 2015가단3180
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 32,80,000 and the interest rate of KRW 15% per annum from February 3, 2015 to the day of complete payment.

Reasons

In full view of the purport of the entire pleadings in the evidence Nos. 1-1 through 7 (including additional numbers), the facts identical to the entry of the cause of the claim in the attached Form can be recognized.

The plaintiff is a person who has been paid 20 million won out of the contract price of 52.8 million won as a result of the completion of the contract and appropriated for the original.

According to the above facts of recognition, the contract balance to be paid by the defendant is 32.8 million won.

The defendant, because there was an error in the important part of the above contract, and thus, the defendant entered into the above contract due to the deception B's deception that the permission for temporary conversion of mountainous district was revoked pursuant to the main sentence of Article 109 (1) of the Civil Act, and that the plaintiff knew or could have known of such circumstances, and thus, the defendant's defense that the permission for temporary conversion of mountainous district was revoked pursuant to Article 110

According to the record of this court's fact-finding on the statement Nos. 1 through 4 and the fact-finding on the head of the branch office Yyang-si, Namyang-si, the facts charged to the effect that B deceptioned the defendant are acknowledged, but it is not sufficient to recognize the defendant's respective arguments, and there is no other evidence of the defendant.

Therefore, each defense of the defendant is without merit.

In addition, the other defendant's defense has a duty to complete installation works until March 25, 2014 and to conduct a trial operation even though the plaintiff had a duty to do so, which led to the failure of the defendant to pay damages to B (mining right holders) and Mauritius Co., Ltd., which led to the cancellation of the contract lawfully due to the plaintiff's delay of performance.

However, there is no evidence of the defendant regarding the above argument.

Therefore, the defendant's defense is without merit.

Therefore, the defendant shall pay to the plaintiff 32.8 million won a contract balance and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 3, 2015 (the day following the delivery of a copy of the complaint in this case) to the day of full payment.

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