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(영문) 서울동부지방법원 2018.05.30 2018가단313

공사대금

Text

1. The Defendant’s KRW 58,700,000 as well as the Plaintiff’s annual rate from January 1, 2018 to May 30, 2018, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff was awarded the following two contracts from the Defendant.

1. Date of a contract for the installation of a high-density tree judgment group among the new construction of rest areas B: Contract amount on April 7, 2017: KRW 135,300,000 (including value-added tax; hereinafter the same shall apply);

() Construction period: From April 10, 2017 to May 10, 2017: The contract date for the installation of synthetic timber bags among the construction works of B rest areas: the contract date of June 13, 2017: the contract date: 56,100,000 won: the construction site from June 13, 2017 to June 30, 2017: the price ceiling within the rest area: the end of the following month after the completion of the construction works.

B. The Plaintiff completed the construction by June 30, 2017.

As a result of the settlement of the construction details after the completion of construction, the amount of installation of a high-density wooden team is KRW 93,500,000, and the amount of installation of a synthetic timber pool is KRW 60,500,000.

C. On October 31, 2017, the Plaintiff issued a tax invoice with the value of supply for each of the above construction accounts to the Defendant.

On November 25, 2017, C prepared a written confirmation of the payment of construction cost that the Plaintiff would pay 58,700,000 won payable to the Plaintiff out of the amount of construction cost of KRW 154,00,00,000 to December 31, 2017.

[Reasons for Recognition] Each entry of Gap 1 through 3 (including paper numbers), the purport of the whole pleadings

2. According to the above facts finding as to the claim, the Defendant claimed KRW 61,100,000 to the Plaintiff for the payment order of KRW 58,700,000 for the remainder of the construction cost, but the amount claimed was reduced to KRW 58,70,000 through a preparatory document dated January 26, 2018.

In this regard, from January 1, 2018 following the date following the agreed payment date to the date of this decision, the defendant is obligated to pay 5% per annum under the Civil Act until May 30, 2018, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

The defendant may recognize the result of settlement of accounts.