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(영문) 대전지방법원서산지원 2014.12.10 2014가단51703

공사대금

Text

1. The Defendant’s KRW 100,000,000 as well as the Plaintiff’s annual rate from March 1, 2014 to August 22, 2014, and the following.

Reasons

1. According to the reasoning of the evidence No. 1 of the judgment as to the cause of the claim and the purport of the entire pleadings, the Defendant prepared and delivered a letter of rejection of payment of the construction cost stated in the attached Form (hereinafter “instant statement of payment”) to the Plaintiff on December 30, 2013, and the Plaintiff expressed on May 27, 2014 the intent to cancel the sales contract for the LPG Permit, Cgas, and Dgas, which was to substitute for the payment of the construction cost of KRW 100,000,000, and the Plaintiff expressed on August 22, 2014, that the copy of the said statement of payment was served on the Defendant on August 22, 2014 (the above sales contract was lawfully rescinded).

However, there is no agreement on interest in arrears on February 28, 2014 in the letter of payment in this case, and the defendant is obligated to pay to the plaintiff 100,000,000 won which was agreed to pay from the letter of payment in this case, and 5% per annum under the Civil Act from March 1, 2014 to August 22, 2014, the delivery date of a copy of the complaint in this case, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment, unless there is any special circumstance.

The defendant's assertion on February 2, 201

A. The Defendant’s argument that the Defendant signed the instant letter of payment was based on the consideration of the construction cost remaining after the vehicle while the construction was in progress, and that the amount to be paid up to that time did not exceed KRW 100,000,000, and that the remainder of the construction cost remains only KRW 39,942,810,000 as the payment was made from June 29, 2013 to December 3, 2013.

B. Where the parties to the determination prepare in writing a disposal document, if the objective meaning of the text is clear, the existence and content of the declaration of intent should be recognized, unless there are special circumstances, but if the objective meaning of the text is not clearly expressed, the parties.