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(영문) 서울남부지방법원 2016.05.27 2016가단10272

공사대금

Text

1. The Defendant’s KRW 58,910,00 and its ratio shall be 15% per annum from February 9, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On April 8, 2014, the Plaintiff entered into a subcontract with the Defendant and the Seoul Seongdong-gu Seoul Metropolitan Government for the construction cost of KRW 53 million for the construction cost of the construction of the construction of the re-building apartment located in Seongdong-dong 59-4, and for the construction period from April 8, 2014 to the 30th of the same month.

B. The Plaintiff completed the subcontracted project, and separately, 5.6.1 million won (including value-added tax) of the Defendant’s office’s interior work incurred a total of KRW 63.91 million (including value-added tax). The Defendant paid only KRW 5 million among them.

C. On February 11, 2015, the Defendant prepared and issued to the Plaintiff a written confirmation of payment that the payment of the unpaid construction cost of KRW 5,8910,00 (the evidence No. 3 stated as KRW 5,8810,000,000, which appears to be erroneous in the statement No. 5,8910,000) by April 201, but failed to comply with the commitment.

[Grounds for recognition] Evidence Nos. 1 through 3, the purport of the whole pleadings

2. According to the above facts, the Defendant is liable to pay to the Plaintiff damages for delay at the rate of 15% per annum from February 9, 2016 to the date following the delivery of a copy of the complaint of this case, as the Plaintiff seeks.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.