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(영문) 광주지방법원 2019.12.13 2019가단507785

공사대금

Text

1. The Defendant’s KRW 106,00,000 as well as the Plaintiff’s annual rate of KRW 6% from August 15, 2016 to March 29, 2019.

Reasons

1. Facts of recognition;

A. On September 14, 2015, the Defendant entered into a subcontract (hereinafter “instant construction contract”) with the Plaintiff as to the instant construction work of machinery and equipment (hereinafter “instant construction work”) among the said new construction work (hereinafter “instant construction work”) at the time when it was ordered by a limited liability company C (hereinafter “foreign company”).

(B) According to the instant construction contract, the construction cost is paid within 60 days from the date of completion.

The Plaintiff completed the instant construction on June 1, 2016, and the instant building was approved on June 15, 2016.

C. On March 31, 2018, the Plaintiff, the Defendant, and the Nonparty Company agreed to pay the Plaintiff the unpaid construction cost of KRW 90,000,000 among the unpaid construction cost of KRW 196,00,000,000 to the Nonparty Company, and the remainder of KRW 106,00,000 to the Plaintiff.

[Based on recognition] Each entry of Gap evidence Nos. 1 through 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff 106,000,000 won and damages for delay calculated by applying each rate of 6% per annum as prescribed by the Commercial Act from August 15, 2016 to March 29, 2019, the service date of a copy of the complaint in this case, from March 29, 2019, and 15% per annum as prescribed by the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to May 31, 2019, and 12% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from

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