logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.12.22 2016나17612
추심금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the addition of the following determination as to the assertion brought in the court of first instance, thereby citing it pursuant to the main sentence of Article 420

2. Additional determination

A. The plaintiff's damage claim in lieu of the defendant's defect repair of the defendant's assertion set off against the plaintiff's claim.

B. 1) In order for a third-party obligor subject to an order of seizure to set-off against an execution creditor when the garnishee holds a counterclaim against the seizure obligor, if both opposing claims are set-off at the time the seizure takes effect, or if the period for payment of opposite claims (i.e., automatic claims) has not yet arrived at the time of the seizure, it shall be earlier or earlier than the period for payment of the seized claims (see, e.g., Supreme Court Decisions 82Meu200, Jun. 22, 1982; 201Da4521, Feb. 16, 2012; 201Da4521, Feb. 16, 201). Meanwhile, in the event of defects in the object completed by the contract, the contractor may claim for the repair of defects, and the contractor may file a claim for damages in lieu of or with the repair of such defects, barring any special circumstance, with the contractor’s obligation to perform the construction works in accordance with Article 667(3) of the Civil Act (see, 201 to 405Da1965, Dec. 19, 194, 205, 20194, respectively.

arrow