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(영문) 서울중앙지방법원 2015.09.16 2015가합1401

공사대금

Text

1. The Defendant shall pay to the Plaintiff KRW 137,57,542 and the interest rate of KRW 20% per annum from December 6, 2014 to the date of full payment.

Reasons

1. On November 20, 2006, the Plaintiff rendered a subcontract for landscaping planting works (hereinafter “B landscaping works”) from the Defendant among the housing site preparation works (hereinafter “B”), and supplied trees to the Defendant or received a subcontract for landscaping works from the Defendant. On September 5, 2014, the fact that the construction cost, etc. that the Plaintiff was not paid as of September 5, 2014 reaches KRW 137,577,542 is no dispute between the parties.

According to the above facts, the defendant is obligated to pay to the plaintiff the above 137,577,542 won and damages for delay, which are accounts payable for landscape construction works, etc., unless there are special circumstances.

2. As to the defendant's defense, the defendant asserts that the expenses of the defendant's 69,550,000 won incurred for the defendant's repair around 2013 due to the plaintiff's poor conduct in landscaping construction B shall be deducted from the above accounts payable in KRW 137,57,542.

However, in light of the evidence No. 7 and the result of the response in accordance with the order to submit documents to Es. Es. of this court, it is not sufficient to recognize that the defendant directly repaired the defects arising in relation to B landscaping work executed by the plaintiff on the sole basis of each of the entry of the YY (which was not submitted as documentary evidence, but is taken into account as a whole as a whole) of the entry of the YY, the tax invoice, each transaction statement, the transaction statement, the daily labor cost, the payment statement, each revenue and expenditure schedule attached to the defendant's written objection against the payment order by the defendant (which was not submitted as documentary evidence). The defendant'

3. If so, the Defendant is obligated to pay to the Plaintiff the above KRW 137,577,542 as well as damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from December 6, 2014 to the date of full payment, which is obvious that the Defendant was served with the original copy of the instant payment order.