logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.10.23 2020가단7125
약정금
Text

1. The defendant shall pay 95,00,000 won to the plaintiff and 12% per annum from April 7, 2020 to the day of complete payment.

Reasons

The Plaintiff completed the construction by subcontracting the ground-breaking and soil-shielding construction work among the new apartment construction work in Pyeongtaek-si C, and thereafter, the company first contracted for the new apartment construction work in question did not complete the construction work and the Defendant took over and proceeded with the new apartment construction work in question. During that process, D, who is in charge of the above new apartment construction site manager in the Defendant’s above new apartment construction site manager, was in charge of the vice-chairperson, and issued a “written confirmation of non-performance” to the Plaintiff as the Defendant’s representative, and the Plaintiff issued an electronic tax invoice of 62,50,000 won each to the Defendant as of June 28, 2019 and July 10, 2019, and the Defendant did not raise any objection thereto. The fact that the Plaintiff received KRW 30,000,000 from the Defendant does not conflict between the parties or that the Plaintiff received the said new apartment construction site manager from the Defendant and the purport of the entire pleadings can be acknowledged in full view of the evidence set forth in subparagraphs 1 through 3 and 3.

According to the above facts, D, representing the defendant, agreed to pay the plaintiff the construction price of the above C apartment site. The construction price of which is KRW 125,00,000,000, and the defendant is obligated to pay to the plaintiff the damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 7, 2020 to the day of full payment, which is the day following the issuance date of electronic tax invoices, which can be said to be the due date of the above construction price, as requested by the plaintiff, after the issuance date of the electronic tax invoices, which can be said to be the due date of the above construction payment, as the delivery date of the application for the payment order of this case, to the day of full payment.

Therefore, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

arrow