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(영문) 의정부지방법원고양지원 2020.02.05 2019가단88794

공사대금

Text

1. The Defendant shall pay to the Plaintiff KRW 82,212,340 as well as 12% per annum from August 20, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On May 29, 2015, the Plaintiff entered into a contract for the establishment of a system for the control of screen golf course of “G” operated by D and D under subparagraph F of the building E of the member-gu, Ansan-si (hereinafter “instant contract”) with the price of KRW 106,63,392 (2,963,872 won per month) for the following year:

6. Not later than 19.19. The construction of the golf course and the control system was completed, and D concluded a contract to use the control system of screen golf course provided by the Plaintiff at the time of the instant contract.

B. The Defendant accepted the instant contract from D on April 8, 2016 and applied for the change of the user of the screen golf course control service to the Plaintiff. However, the Defendant did not pay any installment as stipulated in the instant contract at all, and did not pay the service charges for the control system of screen golf courses from June of the same year. The Defendant’s unpaid construction charges, additional charges, and service charges are KRW 80,213,010 in total.

C. Upon the Defendant’s request, the Plaintiff offered each of the telecommunication services with the Internet from September 16, 2015 to October 12, 2015, and two of the general telephone from around December 2018. The Defendant unpaid KRW 1,519,420, and KRW 479,910, respectively, from around August 2018.

[Reasons for Recognition] Evidence A 1 to 5, Evidence A 6-1 to 5, the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff a total of KRW 82,212,340 as well as damages for delay calculated at the rate of 12% per annum from August 20, 2019 to the day following the day of complete payment, which is the day following the delivery of a copy of the application form for the purport of claim and the modification of the cause of claim, pursuant to the Plaintiff’s request, as the Plaintiff seeks after

B. At the time of the instant contract, the Defendant entered into an agreement with the Plaintiff to fully subsidize the construction cost of the screen golf course control system. It is only 50%.