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(영문) 인천지방법원 2017.11.15 2017나3932
공사대금반환
Text

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

Reasons

Comprehensively taking account of the respective descriptions of Gap evidence Nos. 1 through 4, witness C and D’s testimony and the overall purport of each of the testimony and arguments, the defendant contracted the plaintiff on March 17, 2012 for construction of indoor interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior 2,050,000, and it is sufficient to recognize the fact that the defendant completed construction from March 22, 2012 to March 24, 2012.

Therefore, the Defendant, as a result of the completion date of construction, is obligated to pay to the Plaintiff 20% per annum as prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (applicable to the statutory interest rate of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings) from January 30, 2014 to September 30, 2015, and delay damages calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment

As to this, the Defendant asserted that the Plaintiff could not be entrusted with the interior works because the Plaintiff had been residing in F on the Ba at the time of the construction of the Plaintiff, and that the Plaintiff could not be charged with the interior works. However, it is difficult to recognize that F had resided in the above building only on the basis of the statements in the evidence Nos. 1, 2-1, and 2-2. Even if F had resided in F, it is difficult to recognize that the Defendant, the owner of the building, was not in progress of the interior works (the period of interior works was less than three days). The Defendant’s assertion is rejected.

Therefore, the plaintiff's claim shall be accepted within the scope of the above recognition and the remainder shall be dismissed as without merit. Among the judgment of the court of first instance which has partially different conclusions, the part against the defendant ordering payment exceeding the above recognition amount shall be revoked and the plaintiff's claim corresponding to the revoked part shall be dismissed. The defendant's remaining appeal shall be dismissed as it is so decided as per Disposition.

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