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(영문) 서울동부지방법원 2018.10.05 2018가합594

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 211,00,000 and the interest rate of KRW 15% per annum from March 20, 2018 to the date of full payment.

Reasons

1. The judgment on the cause of the claim was examined; the Plaintiff completed the construction by being awarded a contract with the Defendant for the roof and Home Works among the C New Construction Works; and on December 26, 2017, the Defendant and the Plaintiff promised to the Plaintiff on December 26, 2017 with respect to the construction cost of “C New Construction, roof and Home Works” (including value-added tax). 1. The construction cost that the Defendant has to pay to the Plaintiff is KRW 231,00,000 (including value-added tax). 2. The Defendant shall pay the Plaintiff KRW 20,000,000 out of the construction cost as above on the date of preparation of this document. 3. The Defendant did not dispute between the parties or delivered a written agreement on the repayment of construction cost, which states that “The Plaintiff shall pay the Plaintiff the remaining construction cost of KRW 211,00,000,000, by February 28, 2018.”

Therefore, pursuant to the above agreement, the Defendant is obligated to pay the Plaintiff the amount of KRW 211,00,000 that is payable to the Plaintiff and the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 20, 2018 to the date of full payment after the date following the due date, as requested by the Plaintiff.

2. Therefore, we decide to accept the Plaintiff’s claim on the grounds of its reasoning and it is so decided as per Disposition.