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(영문) 청주지방법원영동지원 2015.04.03 2014가단5394

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 24,645,90 and the interest rate of KRW 20% per annum from December 23, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff’s supply of services and materials to the Defendant 1) The Defendant is the construction of a multi-household building, etc. on the ground of the land of the Chungcheongnam-gun, Chungcheong-gunC (hereinafter “instant construction”).

(2) The Plaintiff supplied services and materials to the Defendant in connection with the instant construction project.

B. On November 28, 2013, the Defendant prepared and delivered a settlement statement on the instant construction project (Evidence A No. 1) to the Plaintiff. 2) As to the “construction cost details” column for the aforementioned settlement statement, the Defendant stated that KRW 630,486,100 is indicated in the column for set-off, and that the amount to be settled to the Plaintiff is KRW 54,645,90 corresponding to the difference (hereinafter “instant settlement statement”).

C. The Defendant paid part of the settlement of accounts to the Plaintiff, only paid the Plaintiff KRW 10 million on January 29, 2014, and KRW 20 million on September 5, 2014, and KRW 30 million on the remainder of the settlement of accounts.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Determination

A. The Defendant paid KRW 54,645,900 to the Plaintiff the instant settlement amount of KRW 54,645,90,000 as the settlement amount.

Therefore, the defendant is obligated to pay to the plaintiff 24,645,900 won and damages for delay corresponding to the remaining settlement amount, unless there are special circumstances.

B. On the part of the Defendant’s assertion, the Defendant’s obligee attached a provisional attachment against the Plaintiff’s claim against the Defendant. Accordingly, the Defendant cannot respond to the Plaintiff’s claim. 2) The fact of recognition D is that the Plaintiff’s claim against the Plaintiff is a claim against the law firm use fee amounting to KRW 9,400,00 against the Plaintiff, and that it is a claim against the Plaintiff, which is a claim against the law firm use fee amounting to KRW 9,400,00,000,000, Cheongju District Court Decision 2015Kadan8, 2015.