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(영문) 수원지방법원여주지원이천시법원 2020.02.20 2019가단50135
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 1, 2017, the Defendant entered into a contract between the Plaintiff and the Plaintiff on August 1, 2017, with the content that the 7th grade freezings and fishing installation works should be executed at KRW 105,700,000 for construction cost.

B. At the time of the conclusion of the said contract, the said contract agreed to add the construction amount as a result of the design change.

C. The Defendant completed construction under the above contract and additional agreement, and the additional construction cost is KRW 7,600,000.

The Plaintiff paid KRW 94,00,000 to the Defendant for the said construction cost.

E. The Defendant against the Plaintiff as the Suwon District Court Decision 2019 Ghana51736, supra.

paragraphs 1 and 2.

On May 31, 2019, the above court filed a lawsuit seeking the payment of the construction cost as stated in the claim and the damages for delay, and issued a decision on performance recommendation (hereinafter “the decision on performance recommendation of this case”) with the purport that “the plaintiff shall pay to the defendant the amount of KRW 19,300,000 and the amount calculated at the rate of 15% per annum from the day after the copy of the complaint was served to the day of complete payment,” and around that time, the above decision on performance recommendation became final and conclusive.

[Grounds for recognition] Gap evidence 1, Eul evidence 1 to 10, and the purport of the whole pleadings

2. According to the above facts of determination, the Plaintiff is obligated to pay to the Defendant the remainder of construction price of KRW 19,30,000 (=105,70,000 KRW 7,60,000 - KRW 94,00,00) and to pay damages for delay calculated at the annual interest rate of Article 3(1) of the Addenda to the Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 29768, May 21, 2019) (Presidential Decree No. 2653, Sept. 25, 2015) on the statutory interest rate of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 29768, May 21, 2019) pursuant to Article 2(1).

The Plaintiff, September 19, 2017, was the Plaintiff’s instant case by C.

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