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(영문) 대구지방법원 2018.12.12 2018가단10170

공사대금

Text

1. The defendant shall pay to the plaintiff KRW 124 million with 15% per annum from May 17, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. On May 9, 2016, the Plaintiff received supply of KRW 220 million (excluding value-added tax) from the Defendant as the contract wage from April 29, 2016 to July 20, 2016.

(hereinafter referred to as “instant construction contract”)

B. On January 20, 2018, the Plaintiff performed additional construction works under the instant construction contract (a reasonable amount of KRW 26 million), and C of the Defendant’s On-site Director prepared and issued a written confirmation to the Plaintiff that the construction cost that the Defendant did not pay to the Plaintiff is KRW 124 million with respect to the construction works under the instant construction contract and the said additional construction works.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant continued construction work under the instant construction contract and the relevant additional construction contract, and the amount unpaid by the Plaintiff out of the construction cost corresponding thereto is deemed to exist in KRW 124 million. The Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from May 17, 2018 to the date of full payment, as the Plaintiff seeks, from May 17, 2018 to the date of full payment.

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.