beta
(영문) 대전지방법원서산지원 2020.10.20 2020가단2313

공사대금

Text

The defendant shall pay 30 million won to the plaintiff and 12% per annum from July 8, 2020 to the day of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of arguments in Gap's basic facts as to Gap's evidence Nos. 1 through 4 and Eul's evidence Nos. 2 and 3 (including branch numbers), the plaintiff and the defendant concluded a construction contract (hereinafter referred to as "the construction contract in this case") with a price of KRW 75.4kw from December 2, 2019 to December 30, 2019, which is at KRW 5.7 million on the ground of Jinjin-si, to install solar power plants at KRW 5.4kw from December 30, 2019 (Additional No. 5. hereinafter the same shall apply) (hereinafter referred to as "the construction contract in this case"). ② The construction contract in this case concluded the construction contract with a down payment of KRW 7.7 million in relation to the payment of the price in this case; the remaining construction payment of KRW 5.3 million in consideration of the fact that the plaintiff paid the construction contract in this case to the plaintiff within 2.5 million and 2.5 million won in consideration of two million won.

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 32.2 million won (=84.7 million won (including additional tax) under the construction contract of this case and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from July 8, 2020 to the date of full payment, which is the day following the service of the original copy of the payment order of this case, as sought by the plaintiff after the due date.

On the other hand, the Defendant agreed to pay the construction cost of the instant case as the support fund loan under the responsibility of the Plaintiff, and the said loan has not been implemented, and thus, the Plaintiff’s claim is groundless. However, in full view of the evidence submitted by the Defendant, the payment of the construction cost of the instant case was made after the support fund loan for solar policy.