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(영문) 창원지방법원거창지원 2016.06.07 2015가단1166

공사대금

Text

1. The Defendant shall pay to the Plaintiff KRW 30,420,00 and the interest rate of KRW 15% per annum from January 14, 2016 to the day of complete payment.

Reasons

1. The Defendant, with the indication of the claim, completed the construction by being awarded a contract from C for the construction of prefabricated-gun D ground-based housing (hereinafter “instant construction”).

원고는 피고로부터 이 사건 공사 중 판넬공사와 샷시공사를 하도급받아 2013. 7.경부터 2013. 12.경까지 그 공사를 진행하여 이를 완공하였고, 피고와 사이에 그 하도급 공사대금을 40,420,000원으로 정산하였다.

On the other hand, on July 19, 2013, the Plaintiff received KRW 10,000,000 out of the subcontract price from the Defendant.

Therefore, the Defendant is obligated to pay to the Plaintiff the remaining construction cost of KRW 30,420,00 (=40,420,000 - 10,000,000) and damages for delay calculated at the rate of 15% per annum from January 14, 2016 to the day of full payment, which is the day following the delivery of a copy of the instant complaint.

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);