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(영문) 수원지방법원 평택지원 2018.01.09 2017가단7847
공사대금
Text

1. As to the Plaintiff KRW 25,00,000 and KRW 10,000 among them, the Defendant shall from July 11, 2017 to the Plaintiff, and 15,000 among them.

Reasons

1. The fact that there is no dispute over the cause of the claim, and the purport of the entire argument in the statement in Gap evidence No. 1 is acknowledged that the defendant and Eul agreed to pay to the plaintiff 10,000,000 won each until December 30, 2016, and 15,000,000 won each until November 30, 2017, respectively, to the plaintiff on June 13, 2016.

Therefore, with respect to the Plaintiff KRW 25,00,000 (= KRW 15,00,000) and KRW 10,000,000 among them, the Defendant is obligated to pay to the Plaintiff 5% interest per annum under the Civil Act from July 11, 2017, which is the day following the date of service of a copy of the complaint of this case sought by the Plaintiff, and from December 1, 2017, the remainder of KRW 15,00,000,000, which is the day following the due date for payment, to each Defendant’s objection to the performance obligation from December 1, 2017 until January 9, 2018, and from the next day to the day of full payment, 15% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

As to this, the defendant alleged that the above agreement on June 13, 2016 was null and void when the defendant deprived of his decision-making ability due to the plaintiff's coercion, but there is no evidence to acknowledge this, so the above argument by the defendant is without merit.

2. The plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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