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(영문) 서울남부지방법원 2016.07.28 2015가단32633
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 47,812,00 and the interest rate of KRW 15% per annum from September 25, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is running the business of producing and constructing households, such as strings, attached houses, and strings, with the trade name of Kimpo-si C from Kimpo-si.

B. The Defendant received an order from Akiki Co., Ltd. to construct a new building E in Yangju City. On August 20, 2014, the Defendant issued a subcontract by setting the construction cost of 94,356,00 won for the construction cost of the said construction, and for the construction period from August 20, 2014 to October 20, 2014.

C. During the period from October 2, 2014 to November 6, 2014, the Plaintiff completed installation of KRW 72,50,000 for 72 households of the pertinent main complex building (i.e., KRW 312,500 x 72); and 5,652,000 for 12 households among the said 72 households, such as haloge, haloge, post-haloge, and hydroelectrice, etc. (i.e., KRW 471,00 (= KRW 198,000) + KRW 143,000 x 65,000 x 65,000) x 12); and (ii) 2 for 2 for the new place of origin (=180,000 x 2).

C. On October 2014, the Defendant awarded a subcontract to the Plaintiff for the installation of additional coolants, and the Plaintiff completed installation equivalent to KRW 28,800,000 (=400,000 x 72) of the said 72 generation by November 12, 2014.

The Plaintiff is a person who received 9.5 million won as a down payment immediately after the conclusion of the instant contract.

[Grounds for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 6, Gap evidence 7, Gap evidence 9, Gap evidence 10, Gap evidence 11, Gap evidence 13, Eul evidence 5, the purport of the whole pleadings]

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the payment for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 25, 2015 to the day of complete payment, as sought by the Plaintiff, with the amount of KRW 47,812,00 (=22,50,000 KRW 5,652,000 KRW 28,800,000 KRW - KRW 9,500 - KRW 9,500,000), which is the day following the delivery of the copy of the application for change of the claim and the cause of the claim in this case.

B. The Defendant related to the installation of a cooling house (1) is the Plaintiff.

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