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(영문) 서울동부지방법원 2016.05.13 2015나5738

공사대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On June 10, 2014, the Plaintiff entered into a contract with the Defendant for the supply of materials and wood construction in relation to the remodeling of replacement facilities at the Seoul Regional Headquarters of Human Resources Development Service of Dongdaemun-gu Seoul Metropolitan Government (Seoul).

B. The Plaintiff completed the performance of the above contract by September 3, 2014, and was paid KRW 35,200,000 among the construction price by the Defendant.

C. On December 27, 2014, the Defendant prepared a letter of payment stating that the Plaintiff will pay KRW 14,300,000 in the balance of the construction cost when a tax invoice including value-added tax is issued to the Plaintiff.

On December 29, 2014, the Plaintiff issued a tax invoice of KRW 13,00,000, tax amount of KRW 13,300,000, total amount of KRW 14,300,00 to the Defendant.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 3 through 6, and the purport of the whole pleadings [Judgment on the ground of evidence ] The defendant asserts that Gap evidence No. 5 (U.S.) was prepared by the plaintiff's employee in 112 mobilization as he/she was acting as a tin-opener, but there is no evidence to acknowledge the defendant's above assertion.

2. According to the facts of the above recognition, the Defendant is obligated to pay the Plaintiff the balance of the construction cost of KRW 14,300,000 and the damages for delay calculated by the rate of 20% per annum from March 10, 2015 to the date of full payment, which is the day following the delivery of a copy of the complaint in this case.

3. The plaintiff's claim is accepted on the grounds of its reasoning, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.