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(영문) 수원지방법원 2019.04.30 2018가단30142

공사대금

Text

1. The Defendant shall pay to the Plaintiff KRW 62,50,000 and interest rate of KRW 15% per annum from November 1, 2018 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 4 as to the cause of the claim, the plaintiff was awarded a contract with the defendant for metal, windows, and glass construction (hereinafter “instant construction”) from among the newly constructed construction works of Gwangju multi-household housing on November 15, 2016 to KRW 152,250,000 of the construction cost, and then completed the instant construction on April 2017. Meanwhile, the plaintiff paid KRW 89,750,000 from the defendant.

According to this, the Defendant is obligated to pay to the Plaintiff the remaining construction cost of KRW 62,50,000, and to pay damages for delay calculated at the rate of 15% per annum from November 1, 2018 to the date of full payment, which is the day following the delivery of the application for payment order.

2. Judgment on the defendant's assertion

A. The defendant asserts that, in lieu of the payment of the remaining construction cost, the plaintiff cannot accept the plaintiff's claim since one bond (No. e., building No. 1) from among multi-household houses where the construction of this case was carried out in place.

On the other hand, there is no evidence to acknowledge the above assertion, and on the contrary, the plaintiff argues that he was provided with a sales contract concerning the above house for the purpose of securing the payment of the construction cost, so the above argument by the defendant is rejected.

B. The defendant alleged that he paid KRW 90,00,00 in excess of KRW 89,750,000,000, which was paid by the plaintiff as a result of the construction cost of this case, but there is no evidence to acknowledge this. Thus, the defendant's above assertion is not accepted.

3. The plaintiff's claim for conclusion is legitimate, and it is so accepted as per Disposition.