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(영문) 서울동부지방법원 2019.07.11 2018가단5929

공사대금

Text

1. The Defendant shall pay to the Plaintiff KRW 67,504,00 and the interest rate of KRW 15% per annum from May 16, 2018 to the date of complete payment.

Reasons

1. Basic facts

A. On August 21, 2017, the Plaintiff entered into a construction contract with C Co., Ltd. with respect to the Changho Construction among the Newly constructed multi-household housing (hereinafter “instant construction”) among D-based multi-household construction works ordered by the Defendant, with the payment of construction cost of KRW 117,590,00, and with the construction period of KRW 117,590,000, and with the payment of construction cost from June 1, 2017 to October 31, 2017, and the Defendant and E Co., Ltd. jointly and severally guaranteed the above construction cost obligation of C

B. On October 31, 2017, the Plaintiff completed the instant construction work.

C. The Defendant paid the Plaintiff KRW 53,518,000 in total,00,00 on September 15, 2017, and KRW 10,000 on September 28, 2017, and KRW 3,518,00 on November 3, 2017, and KRW 20,000 on November 7, 2017, and KRW 10,000 on January 2, 2018.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. The plaintiff asserts that the plaintiff is obligated to pay the total construction cost of KRW 121,02,00 with additional construction cost of KRW 3,432,00 with the total construction cost of KRW 121,02,00 (= KRW 117,590,000). Since the defendant paid only KRW 53,518,00 among them, the remaining KRW 67,504,000 (= KRW 121,02,000 - KRW 53,518,000).

The Plaintiff voluntarily withdrawn the claim for the cost of creative construction from among the new construction of the F Multi-household Construction in the F Multi-household in the case of the two-lane.

In light of the purport of evidence evidence No. 8 and the argument, the construction cost of this case that the Plaintiff started may be recognized as constituting 121,022,000, including additional construction work. As such, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from May 16, 2018, the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff, which is the day after the completion date of construction to the day of complete payment.