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(영문) 대구지방법원서부지원 2016.07.13 2015가단15430

물품대금등

Text

1. The Defendant’s KRW 22,768,00 for the Plaintiff and 6% per annum from January 1, 2015 to August 21, 2015.

Reasons

1. The judgment on the cause of the claim is that the Defendant: (a) entered into a contract for construction works to be executed at the amount of KRW 6850 million between the Government Enterprise Construction Co., Ltd. (hereinafter “Government Enterprise Construction”) on August 2014 with the company engaging in the construction business; (b) the Plaintiff is a business entity engaging in the creative glass construction business, etc. with the trade name “D; (c) the Plaintiff was awarded a contract from the Defendant and was a business entity engaging in the said new construction works by December 31, 2014; and (d) supplied the low-end interest rate of KRW 36,04,80 (including value-added tax) equivalent to the total amount of KRW 36,04,80 in relation to the said new construction works until December 31, 2014; and (c) completed the construction works (hereinafter “instant construction works”); (d) the Defendant’s representative director, on October 16, 2015, did not pay the remainder of the construction price to the Plaintiff.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 22,768,00 won among the construction price of this case (=36,044,800 won-1,000 won) and damages for delay at each rate of 15% per annum under the Commercial Act from January 1, 2015 to August 21, 2015, the day following the day when the plaintiff completed the construction of this case, which is the day when the copy of the complaint of this case was served on the defendant, and from the day following the day when the copy of this case was served on the defendant, to August 21, 2015.

2. The defendant's argument on the defendant's assertion that since the defendant introduced the plaintiff as an enterprise in charge of glass construction among the new construction of C, the construction cost of this case must be paid by the government-private partnership construction rather than the defendant.

However, on October 16, 2015, the Defendant’s representative E is the construction cost of the instant case to the Plaintiff.