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(영문) 수원지방법원 2016.07.14 2015가단63141

공사대금

Text

1. The Defendant amounting to KRW 40 million to the Plaintiff and the Plaintiff’s annual rate of 5% from March 1, 2015 to January 22, 2016.

Reasons

Comprehensively taking account of the overall purport of the pleadings as indicated in the evidence Nos. 1 and 2, the Plaintiff paid KRW 80 million out of September 25, 2015 to the Plaintiff, even though the Plaintiff completed the construction period, paid the Plaintiff additional payment of KRW 23 million to the Defendant who was subcontracted the subcontracted construction work among the new construction works of the Korea Logistics Center located in Yongsan-si D Logistics Center, KRW 143,000,000, the cost of the household facilities construction among the soil works, and the period of construction from January 10, 2015 to January 31, 2015.

According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the remaining construction cost of KRW 40 million and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from March 1, 2015 to January 22, 2016, the delivery date of the copy of the complaint in this case, which is the day following the issuance date of the tax invoice, as sought by the Plaintiff.

(E) On December 1, 2015, the Defendant’s representative director E accepted the Defendant’s corporation from F on December 1, 2015, and received the statement from F that there was no obligation from the former representative director F at the time, and E submitted a summary of the issues with no relation to the instant claim, and he did not otherwise submit the arguments, and did not appear on the date of pleading that was conducted twice. Thus, the Plaintiff’s claim is justified, and thus, citing this.