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(영문) 광주지방법원 2019.03.27 2018가단29226

공사대금

Text

1. The Defendant shall pay to the Plaintiff KRW 14,658,00 and 15% per annum with respect thereto from November 30, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 15, 2018, the Plaintiff, among the CHousing Corporation, subcontracted the construction cost of stone at KRW 5058,000 (excluding value-added tax) and on March 31, 2018, respectively, to the construction cost of stone at KRW 96 million (excluding value-added tax) from the Defendant and completed each of the above construction works.

B. Until now, the Defendant has not paid the total amount of KRW 146.58 million ( KRW 50.588 million).

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1 and 2, and the purport of whole pleading

2. Determination

A. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff damages for delay at the statutory rate of 15% per annum from November 30, 2018 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.

B. As to the above, the defendant alleged that the plaintiff cannot respond to the plaintiff's claim before the repair due to the defects in each of the construction of this case, and there is no evidence to prove that there is a defect in each of the above construction works. Thus, the defendant's assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition by admitting it.