beta
(영문) 의정부지방법원 고양지원 2021.03.31 2020가단12977

공사대금

Text

The defendant shall pay 52,50,000 won to the plaintiff and 12% per annum from November 26, 2020 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the purport of the entire pleadings in Gap evidence No. 2, the defendant awarded a contract for a pipe installation work on February 16, 2017 to the plaintiff at KRW 75,000,000 (Separate Value-Added Tax Table), and the fact that the plaintiff completed all construction works under the said contract.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff delayed damages calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 26, 2020 to the date of full payment, which is clearly indicated in the record, after deducting KRW 30,000,000, which was paid by the Plaintiff among the construction cost of KRW 82,50,000 under the above contract (i.e., KRW 75,000 x 1.1) from the remainder of KRW 30,000,000, which was paid by the Plaintiff.

2. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is reasonable.