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(영문) 수원지방법원안산지원 2016.02.17 2015가단26559

공사대금

Text

1. The Defendant’s KRW 54,981,70 for the Plaintiff and 20% per annum from August 6, 2015 to September 30, 2015, and the following.

Reasons

If Gap 1 through 6 (including paper numbers) added the purport of the whole pleadings, the plaintiff is a person who has received 1,500,000 won out of the construction price of KRW 56,481,70,00 from the defendant to the May of the same year after completing each contract for the installation of B, C installation and additional works, and D logistics warehouse consortium installation works, and issuing a tax invoice after settling accounts for each amount of KRW 2,376,00,50,500, 4070, and there is no other counter-proof, and the plaintiff is a person who has received 1,50,000 won out of the construction price of KRW 56,481,70.

Therefore, barring special circumstances, the Defendant is obligated to pay the remainder construction cost of KRW 54,981,700 and delay damages to the Plaintiff.

Although the defendant asserts that there is a defect in the electrical construction of the C logistics warehouse and E Military Logistics Center conducted by the plaintiff, the above argument is without merit, since there is no evidence to acknowledge it.

Ultimately, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 54,981,700 as well as damages for delay calculated at the rate of 20% per annum from August 6, 2015 to September 30, 2015 under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. after the Defendant received the original copy of the instant payment order from August 6, 2015, and 15% per annum from the next day to the day of full payment. Thus, the Plaintiff’