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(영문) 수원지방법원안양지원 2015.12.02 2015가단100073
약정금
Text

1. The Defendant’s KRW 35,00,000 as well as 20% per annum from July 29, 2014 to September 30, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. From 2009 to 2013, the Plaintiff supplied a high density timber panel to the Defendant, and the Defendant used the said timber panel as outside materials at the construction site, such as gold-3 Dong offices (name of the building at the time of new construction, gold-1 Dong community service center, supply on August 201), bamboo-free shopping mall (supply on October 201), and Seocheon Ocheon Police Station (Ocheon 201, December 201).

B. On April 2013, the Defendant requested the Plaintiff to repair the defects on the grounds of material change in the construction site, and the Plaintiff requested the preferential payment of the unpaid goods and rejected the repair of defects.

C. On June 2, 2014, the Defendant agreed to pay KRW 18,000,000 to the Plaintiff at the time of commencing the repair of the defect in the Geum-gu 3dong Office in the Geumju-si, the Seoul Special Metropolitan City, and to pay KRW 35,000,000 at the time of completion

(hereinafter “instant agreement”). D.

On June 2014, the Plaintiff received KRW 18,00,000 from the Defendant, and commenced the defect repair of the business office in the Geum-si, Geum-si. The Plaintiff completed the defect repair on July 28, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 2 through 5, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff 35,000,000 won and the damages for delay calculated at the rate of 20% per annum from July 29, 2014 to September 30, 2015 pursuant to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., from the day following the completion of defect repairs, to the day after the completion of defect repairs, and 15% per annum from the following day to the day of full payment.

On the other hand, the defendant asserts that the contract amount of this case cannot be paid since the defect occurred in another construction site and the defect repair cost is expected to be more than 371,00,000 won.

The evidence submitted by the defendant alone is insufficient to recognize that the cost of repairing the defects claimed by the defendant is required, and the contract amount of this case is out of the unpaid amount under the condition of completing the repair of the defects in the Geum-dong Office

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