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(영문) 수원지방법원성남지원 2015.06.09 2015가단1696

공사대금

Text

1. The defendant shall pay 81,400,000 won to the plaintiff and 20% per annum from January 29, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On September 20, 2014, the Plaintiff received a subcontract from the Defendant on September 20, 2014 with the amount of KRW 81,400,000 (including value-added tax) as the price for the construction of the YYY 89-37 Bocheon-do, Ocheon-do, Ocheon-do, the coast of Ocheon-do, and the period from October 28, 2014 to November 30, 2014.

B. The Plaintiff completed the subcontracting project on January 2014.

[Ground of recognition] Facts without dispute, entry of evidence A1 to 3, purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the above facts of recognition as to the Plaintiff’s cause of claim, the Defendant is obligated to pay to the Plaintiff the above subcontract construction cost of KRW 81.4 million and damages for delay calculated at the rate of 20% per annum from January 29, 2015 to the date of full payment, which is obvious that the copy of the instant complaint was served on the Defendant as requested by the Plaintiff, unless there are other special circumstances.

B. The defendant's assertion is asserted to the effect that the defendant cannot accept the plaintiff's claim since he received only 5,69,000 won out of the progress payment from the Korea Heavy Development Co., Ltd., a main contractor, and 2,365,000 won.

However, the Defendant’s assertion is difficult to accept solely on the ground that the Plaintiff cannot refuse to pay the subcontract price.

3. If so, the plaintiff's claim is reasonable, and it is so decided as per Disposition by admitting it.