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(영문) 수원지방법원성남지원 2015.07.22 2015가단8253

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 41,00,000 as well as 20% per annum from February 28, 2015 to the day of complete payment.

Reasons

As of June 20, 2014, the fact that the Plaintiff completed the construction work by being awarded a contract for electrical construction of a factory at A with the Defendant for KRW 66,00,000 among the new construction works of a factory at A, is not disputed between the parties, or that the Defendant paid KRW 25,00,000 to the Plaintiff out of the construction cost as above is recognized by the purport of the entire pleadings as a whole, and the fact that the Defendant paid KRW 25,00,000 to the Plaintiff is the Plaintiff.

According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the amount of KRW 41,00,000 as the unpaid construction price and the damages for delay calculated at the rate of 20% per annum from February 28, 2015 to the date of full payment, which is the day following the day when the original copy of the instant payment order was served on the Defendant, as requested by the Plaintiff.

(3) In light of the above legal principles, the Defendant’s employee served the original copy of the instant payment order at the seat of the Defendant’s head office as of February 27, 2015, and the Defendant’s representative director as of March 11, 2015 raised an objection against the original copy of the instant payment order, the original copy of the instant payment order was legally served on the Defendant on February 27, 2015. Therefore, the Plaintiff’s claim is justified and thus, it is so decided as per Disposition.