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(영문) 서울중앙지방법원 2016.09.27 2016가단5028746

공사대금

Text

1. The defendant limited liability company A shall pay to the Plaintiff KRW 52,80,000 as well as 15% per annum from February 23, 2016 to the date of full payment.

Reasons

1. A claim against the defendant limited liability company A (hereinafter “Defendant A”).

A. In full view of the purport of the argument in Gap evidence No. 4, Defendant A’s obligation to pay the construction cost, Defendant A, on November 4, 2015, made and delivered to the Plaintiff a letter of undertaking to pay the construction cost, stating that “I will undertake to pay the construction cost (52,80,000) to the Chang Ho Ho Construction Co., Ltd. (52,80,000 from the date of delivery of the copy of the complaint in accordance with the above letter of undertaking to pay the construction cost, which is 52,80,000 won and the delay damages calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from February 23, 2016 to the date of complete payment, shall be paid from February 23, 2016 to the date of delivery of the copy of the complaint in this case.

B. The Plaintiff partially dismissed the claim for damages for delay shall also claim against Defendant A for the payment of damages for delay during the period from October 1, 2015 to February 22, 2016, the delivery date of a copy of the complaint.

However, according to the letter of undertaking to pay the construction cost of this case, the fact that Defendant A agreed to pay the Plaintiff the construction cost not exceeding 15 days after the completion of construction in Defendant Eastex is as seen earlier. The evidence alone submitted by the Plaintiff is insufficient to prove that the due date for payment of the construction cost of this case has arrived within the above period, and there is no other evidence to acknowledge that the starting date of the delayed liability for the construction cost of this case is starting. Thus, the date following the delivery date of the copy of the complaint of this case shall be deemed the starting date of the delayed payment, and the part claiming damages for delay from October 1, 2015 to the delivery

2. Defendant Dong-Tech Co., Ltd. (hereinafter “Defendant Dong-Tech”)

claim against the claimant

A. The Plaintiff 1’s assertion by the parties: around August 25, 2015, the Plaintiff is between Defendant Dong-Tech.