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(영문) 대구지방법원서부지원 2017.11.02 2017가단7068

공사대금

Text

1. From January 1, 2017 to June 13, 2017, the Defendant paid KRW 38.8 million to the Plaintiff as well as to the Plaintiff 6% per annum from January 1, 2017 to June 14, 2017.

Reasons

1. Facts of recognition;

A. On April 10, 2016, the Plaintiff, a person engaging in construction business under the trade name of “B,” was awarded a contract with the Defendant for construction work amounting to KRW 63.8 million and completed the said construction work.

B. On November 23, 2016, the Defendant promised to pay the construction price to the Plaintiff by December 31, 2016, but paid only KRW 25 million among them.

[Ground for recognition] Unsatisfy

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 38.8 million and the damages for delay calculated by the rate of 6% per annum as prescribed by the Commercial Act from January 1, 2017 to June 13, 2017, which is the delivery date of a copy of the complaint, and 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from June 14, 2017 to the date of full payment.

Therefore, the plaintiff's claim is justified and it is so decided as per Disposition.