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(영문) 부산지방법원 2017.09.13 2017가합1496

공사대금

Text

1. The Defendant: (a) KRW 123,400,000 for the Plaintiff and 5% per annum from June 1, 2017 to July 19, 2017; and (b) the Plaintiff.

Reasons

1. Indication of claim;

A. On April 24, 2017, the Plaintiff entered into a subcontract with the Defendant to accept the instant subcontract (hereinafter “instant subcontract”) with regard to the construction cost for the construction work for the extension of the building in the area of the YYYYYYYYYYYYYYYYYYYYYYYY (hereinafter “instant construction work”) located in the area of the YYYYYYYYYYYYYYYYYYYYYYY 86,00,000 and the construction period from April 24, 2017 to May 31, 2017.

B. The Plaintiff completed the instant construction within the construction period stipulated in the instant subcontract agreement, and prepared a subcontract agreement to pay the Plaintiff the price for the said additional construction work on June 10, 2017.

C. However, the Defendant paid the Plaintiff a total of KRW 200 million for the construction cost under the instant subcontract.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at each rate of 123,40,000 won (=286,00,000,000 - 200,000,000) and the rate of 5% per annum under the Civil Act from June 1, 2017 to July 19, 2017, the delivery date of a copy of the complaint of this case, from June 19, 2017, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;