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(영문) 대구지방법원 2015.12.04 2015가합3390

공사대금

Text

1. The Defendant’s KRW 25,200,000 as well as the Plaintiff’s KRW 20% per annum from July 22, 2015 to September 30, 2015, and the following.

Reasons

1. Determination as to the cause of claim

A. Fact 1) On December 24, 2012, the Plaintiff: (a) Electric and Fire Fighting Corporation (hereinafter “Electric and Fire Fighting Corporation”) relocating from the Popular Industry High School on December 24, 2012.

Defendant, contractor: The Plaintiff, the construction cost: KRW 107,80,000, and the construction period from December 25, 2012 to July 30, 2013 (hereinafter referred to as “electric and fire-fighting construction contract”).

(2) On April 3, 2015, the Plaintiff concluded a contract for the electrical construction of the practice room with the Defendant on April 3, 2015 (hereinafter “the contract for the practice room electrical construction”) with the public metal industry and high school (hereinafter “the contract for the practice room electrical construction”) as KRW 83,00,000 for the construction cost, while the construction work was being in progress.

3) Although the Plaintiff completed all of the above construction works, the Defendant did not pay to the Plaintiff the remainder of construction costs of KRW 225,200,000,000, totaling the construction cost of KRW 169,200,000 under the contract for electrical construction in the practice room. 【No dispute over the grounds for recognition”, “No dispute over the grounds for recognition”, “No evidence Nos. 1 through 5” (each number is numbered), and the purport of the entire pleadings.

B. According to the above findings of determination, the defendant shall pay to the plaintiff 225,200,000 won for the remainder of the Corporation and damages for delay calculated at the rate of 15% per annum as stipulated in the main text of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, and the main text of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015) from July 22, 2015 to September 30, 2015, which is obvious that the original copy of the instant payment order was served on the defendant.