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(영문) 춘천지방법원강릉지원 2019.02.19 2017가단5064

공사대금

Text

1. The Defendant: 5% per annum from October 26, 2017 to February 19, 2019, and February 20, 2019, to the Plaintiff. < Amended by Presidential Decree No. 25137, Feb. 26, 2017; Presidential Decree No. 25807, Feb. 20, 2

Reasons

1. According to Gap evidence Nos. 1 through 6 and Eul evidence Nos. 1-1 and 2 of the judgment on the cause of the claim, the defendant awarded a contract for KRW 57,6510,000 from Gangnam-si D Corporation (hereinafter "total construction") on May 27, 2017 to the plaintiff at KRW 187,583,00 among the above construction works (hereinafter "the instant construction works"), and the defendant paid the remainder of KRW 100,000 to the plaintiff on July 28, 2017, as long as the defendant did not have any obligation to pay the remainder of KRW 87,583,00,000, KRW 100,000, KRW 210,000, KRW 475,000, KRW 1750,000, KRW 1675,000, KRW 75,000, KRW 1675,000,00.

2. Judgment on the defendant's assertion

A. As to the claim on the cancellation of the agreement of this case, the defendant alleged that the agreement of this case constitutes a declaration of intention by mistake or duress, so it is not sufficient to recognize the defendant's assertion only with the testimony of the witness E, and there is no other evidence to acknowledge it, and therefore, this part of the defendant's assertion is

B. As to the assertion on settlement, the Defendant paid KRW 11 million on September 26, 2017 to F companies G on December 2017, 2017, and the Defendant paid KRW 10 million on the cost of construction and KRW 33 million on the cost of creative and steel works to H, each of which should be settled in the unpaid construction cost.

According to Eul evidence 2-2, the fact that the defendant paid KRW 11 million to the plaintiff on September 26, 2017 is recognized.

However, the above money is separate from the project in this case, even if it is based on the witness E's testimony, as well as the transfer of the contract in this case.