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(영문) 대전지방법원 2016.05.31 2015가단45908

공사대금

Text

1. The Defendant’s KRW 62,887,59 and the interest rate of KRW 15% per annum from December 9, 2015 to the date of complete payment.

Reasons

Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 and 2, the plaintiff was awarded a contract with the defendant for reinforced concrete construction among B construction works (hereinafter "the instant construction works"), and the defendant was found to have not paid KRW 62,887,59 of the construction price of the instant case to the plaintiff as of June 20, 2014, and barring any special circumstance, the defendant is obligated to pay to the plaintiff 62,887,59 of the construction price of the instant case and damages for delay at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from December 9, 2015 to the date of delivery of the original copy of the payment order of the instant case.

The defendant, without the consent of the defendant, entered into a contract for temporary re-lease with the limited liability company of Korea-based company using the seal impression of the defendant company (hereinafter referred to as "Korean-based company") for the construction of this case, and did not pay 35,064,113 won for the temporary re-lease, so the defendant's purport that the above 35,064,113 won should be deducted from the construction price of this case. The defendant submitted a written objection and a written answer that the plaintiff is unable to comply with the plaintiff's claim because the plaintiff entered into a contract for temporary re-lease with a Korean-based company without authority.

However, the defendant did not respond to an order to prepare a tiny statement, the contents of which are different, and the purport of his assertion cannot be clearly known because he did not appear on the date of mediation and the date of pleading.

the defendant's defense, however, there is no evidence to acknowledge the defendant's defense.

If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.