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(영문) 서울북부지방법원 2016.07.01 2015가단47898

공사대금

Text

1. The Defendant shall pay to the Plaintiff KRW 134,00,000 and the interest rate of KRW 15% per annum from March 1, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The plaintiff is a corporation that mainly carries on the dismantling of non-structures, etc., and the defendant is a corporation that runs the indoor construction business, etc.

B. On December 8, 2014, the Defendant entered into a contract with Nonparty C, etc. (hereinafter “Evalescent”) for remodeling construction of the medical facilities located in Pyeongtaek-gun D (Evalescent) around that time. Around that time, the Defendant ordered the Plaintiff to undertake the “sprinking and removing walls” among remodeling construction works (hereinafter “instant construction”).

C. The Plaintiff completed the instant construction, and prepared a statement of accounts (hereinafter “instant statement of accounts”) with the Defendant, at the end of the negotiations on March 16, 2015, at the end of the negotiations several times, which shall be KRW 140,00,000 (value-added tax separate) (hereinafter “instant statement of accounts”). D.

Meanwhile, on the other hand, the Plaintiff received KRW 20 million from the Defendant on January 27, 2015 as progress payment for construction works, and there was no further payment for construction expenses thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 5 (including paper numbers; hereinafter the same shall apply), the purport of whole pleadings

2. Determination:

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 1, 2016 to the date of delivery of a copy of the application for modification of the claim and the cause of the claim in this case, with respect to the amount of KRW 134 million (140 million value-added tax of KRW 140 million in the settlement amount - KRW 20 million in the settlement amount of KRW 20 million) and the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum as stipulated in the aforesaid Act,

The Plaintiff sought payment of damages for delay calculated at an interest rate prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day following the delivery date of the instant payment order. However, where the Plaintiff claims more amount than the time of filing a lawsuit by expanding the claim, a copy of the application