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(영문) 의정부지방법원 2015.04.09 2014가합8797

공사대금

Text

1. The Defendant’s KRW 370,000,000 as well as the Plaintiff’s annual interest from May 5, 2013 to December 6, 2014, and the following.

Reasons

1. Indication of claim;

A. On May 25, 2012, the Defendant concluded a construction contract with the Plaintiff on May 25, 2012 for a multi-household housing construction project with the contract price of KRW 2 billion in the cost of construction on the remaining land B, C, and D, and the Defendant paid KRW 200 million in the construction cost immediately after concluding the contract and the intermediate payment within the limit of 80% of the fair rate, and the remainder shall be paid within one month after the completion of the contract.

B. The Plaintiff completed the new construction, and the said multi-household was approved for use on April 5, 2013.

C. The Defendant paid only KRW 1.63 billion out of the construction cost of KRW 2 billion and did not provide the remainder KRW 370 million.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 370 million and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from May 5, 2013 to December 6, 2014, which is the delivery date of a copy of the complaint in this case, and 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);