beta
(영문) 인천지방법원부천지원 2020.10.29 2020가단5442

공사대금

Text

The defendant's KRW 84 million to the plaintiff and its 20% per annum from April 12, 2010 to May 7, 2020.

Reasons

1. On January 4, 2010, the Plaintiff filed an application against the Defendant for a payment order of construction price under Seoul Eastern District Court 2010 tea14, and the above court issued a payment order on January 26, 2010, stating that “the Defendant shall pay to the Plaintiff KRW 84 million and the amount equivalent to 20% per annum from the day after the original copy of the payment order was served to the Plaintiff, and the above payment order was served to the Defendant on April 11, 2010 and became final and conclusive on April 27, 2010 due to the Defendant’s filing of an objection, may be recognized by taking into account no dispute between the parties or the entire purport of pleadings in the evidence No. 1.

According to the above facts, the defendant is obliged to pay to the plaintiff 84 million won and the plaintiff 20% interest per annum from April 12, 2010 to May 7, 2020, which is the day following the service date of the original copy of the above payment order, to the day of service of the copy of the complaint (payment order) of this case, and 12% interest per annum from the next day to the day of complete payment.

2. The defendant's argument regarding the defendant's assertion is asserted that the defendant paid the construction price under the above payment order as a substitute. However, there is no assertion or proof as to the specific contents of payment or the timing of payment, and there is no evidence to prove the fact of payment in substitute. Thus, the defendant's above argument is rejected.

3. The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.