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(영문) 대구지방법원김천지원 2015.07.22 2014가단13507

공사대금

Text

1. The defendant shall pay 38,500,000 won to the plaintiff and 20% per annum from November 4, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a person who executes electrical construction in the name of “C” in the Gu and Si, and the Defendant is a corporation that conducts construction business in the Gu and Si, Gu and Si, 10-3.

B. On September 2013, the Plaintiff accepted a subcontract from the Defendant for the part of the power plant among the new construction works of Dog tower Co., Ltd., for the construction cost of KRW 55 million, and drafted a statement of the cost of construction to the Defendant.

(hereinafter “instant construction project”). C.

On September 17, 2013, the Plaintiff received KRW 22 million from the Defendant (i.e., value-added tax of KRW 20 million) out of the instant construction cost, and issued a tax invoice of KRW 38.5 million, which is the remainder of the construction cost, to the Defendant on April 18, 2014, after completing the construction work around March 18, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from November 4, 2014 to the date following the delivery date of the original copy of the instant payment order, as sought by the Plaintiff, as requested by the Plaintiff.

As to this, the defendant concluded a contract with D for the appointment of a field manager and delegated all the authority of the construction site of this case to D, and paid all the construction cost to D, D shall pay the construction cost of this case to the plaintiff, and the plaintiff's claim for the construction cost against the defendant is groundless.

According to the evidence Nos. 1 and 2, the fact that the defendant and D entered into a field manager appointment contract on February 1, 2013, and D until May 10, 2014, the defendant pays 100 million won in cash to the defendant, and E and C construction cost are liable.

“The fact that it has drawn up a note of payment is recognized, but is, the following circumstances found by the facts found earlier: