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(영문) 서울남부지방법원 2016.06.15 2015가단210532

공사대금

Text

The defendant shall pay to the plaintiff KRW 34,900,000 as well as 6% per annum from January 1, 2014 to April 9, 2015 and the next day.

Reasons

Facts of recognition

On April 2011, Nonparty C was appointed as the head of the household business headquarters of the defendant and operated the household business headquarters.

Around October 2013, the Plaintiff (mutually: D) paid 64,90,000 sewage to the production and installation works of a new apartment site in Switzerland-si E zone (hereinafter “instant construction”) in which the Defendant was receiving a supply from the Filisung Construction Co., Ltd. (hereinafter “C”), and issued a tax invoice on November 30 of the same year after completing the said construction work on December 15, 2013.

On December 31, 2013, the Defendant paid KRW 30,000,000 to the Plaintiff out of the instant construction cost.

On January 14, 2014, the defendant dismissed C from his position at the head of household business headquarters.

[Ground of recognition] Fact-finding without dispute, Gap evidence Nos. 1 through 20, and the purport of the entire pleadings are as follows: C is delegated by the defendant and entered into the construction contract of this case with the plaintiff. Thus, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 15% per annum as stipulated in the Civil Act from January 1, 2014 to April 9, 2015, the delivery date of the complaint of this case, and 34,90,000 won, and the date following the final repayment date, which is the delivery date of the complaint of this case, and 6% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.