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(영문) 대전지방법원천안지원 2019.10.16 2019가단2854

공사대금

Text

1. The Defendant’s KRW 99,00,000 and the Plaintiff’s annual rate of KRW 15% from April 19, 2019 to May 31, 2019, respectively.

Reasons

1. Determination on the cause of the claim

A. Fact 1) On April 5, 2018, the Plaintiff is a construction contract between the Defendant and the Defendant for which the Plaintiff installed a State air exhauster in the Defendant’s convenience factory located in the wife population C and is to receive KRW 209,00,000 as the construction price from the Defendant (hereinafter “instant construction contract”).

(2) The construction contract of this case was concluded. KRW 76,00,000 in the intermediate payment of KRW 57,000 in the intermediate payment of KRW 38,00,000 in the intermediate payment of KRW 57,00 in the contract of this case was collected at the time of the completion of the construction work. (2) The Plaintiff completed the construction work around August 10, 2018.

3) According to the instant construction contract, the Defendant paid the Plaintiff KRW 110,00,000 in total, among the down payment and intermediate payment (i.e., KRW 30,000,000 on April 5, 2018) (i.e., KRW 46,000,000 on April 23, 2018, KRW 20,000 on May 24, 2018, KRW 200,000 on August 35, 2018, KRW 10,000 on August 35, 2018, KRW 5,000 on August 5, 2018, KRW 200 on the ground of recognition, KRW 1 through 4,00,00 on August 7, 2018, and the purport of the entire pleadings and arguments as well as KRW 1 through 1,000 on the whole.

B. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the interest rate of KRW 99,00,000 (209,000,000 - 110,000,000) out of the construction price of the instant case and the damages for delay calculated by the annual interest rate of Article 3(1) main text of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from April 19, 2019 to May 31, 2019 (wholly amended by Presidential Decree No. 29768, May 21, 2019) with 15% per annum under the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019) and Article 3(1) main sentence of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment (wholly amended by Presidential Decree No. 29768, May 2, 20197).

Meanwhile, the Plaintiff seek damages for delay calculated at the rate of 15% per annum for the period from June 1, 2019 to 99,000,000 won.

(b).