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(영문) 광주지방법원 2016.11.30 2015가단28864

공사대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On July 7, 2014, the Plaintiff was contracted with the Defendant for the payment of construction price of KRW 240,400,00 (value 21,854,55 won value-added tax of KRW 21,854,545), July 10, 2014; the completion of construction; October 30, 2014; the rate of delay delay interest of KRW 1/100 per day; the rate of delay interest of KRW 1/100 per day; and the contract amount of KRW 220,00,000 on September 17, 2014; and the construction work was completed on January 6, 2015, adding the mination installation works equivalent to KRW 2,90,00,00.

The Defendant paid the Plaintiff KRW 50,000,000 on September 17, 2014, and KRW 50,000,000 on November 6, 2014, and KRW 50,000,000 on February 24, 2015, KRW 20,000 on April 15, 2015, and KRW 20,000 on April 16, 2015, and KRW 190,00,000 on April 16, 2015.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 6, and the purport of the entire pleadings is that the defendant is obliged to pay to the plaintiff the amount of 32,90,000 won not paid to the plaintiff, and the damages for delay calculated at the rate of 20% per annum from June 10, 2015 to the extent of the interest rate agreed upon from June 10, 2015, and the interest for delay from May 23, 2015, which the plaintiff seeks.

(2) The details of interest on delay until May 23, 2015 sought by the Plaintiff: ① KRW 5,640,00 [120,00,000 payable by the Plaintiff up to the completion date of construction x 47 days (from January 7, 2015 to February 24, 2015) x 1/1000] (2) 3,572,100 won [2,90,000 won payable until February 24, 2015 x 49 days (from February 25, 2015 to April 15, 2015) x 1/1000] x 1,217,300 won (the amount claimed by the Plaintiff from January 15, 2015 to February 24, 2015 to 30, 2015 to 30, 2015 to 4.5, 2015]

2. Defendant’s defense of set-off

(a) The heat rupture of partial meat shall be heated in accordance with the minimum packaging standards set out in the standards for listing the parts of beef and pigs in lieu of the repair of the defects of the veterinary cattle among the meat processing equipment.