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(영문) 대전지방법원 2019.11.13 2019나10
선급금
Text

1. Upon receiving a claim for a change in exchange from this court, the defendant shall pay to the plaintiff KRW 26,998,580, as well as KRW 16,398.

Reasons

1. Facts of recognition;

A. On August 31, 2016, the Plaintiff was awarded a subcontract for reinforced concrete construction works among the construction works of the Seo-gu Daejeon Ddong community service center, Seo-gu, Daejeon. On October 17, 2016, the Plaintiff was awarded a subcontract for the said construction works of reinforced concrete construction works (three floors).

B. The Plaintiff and the Defendant, in fact, agreed that each of the above subcontracted works shall be executed by the Defendant, with 97% of the total construction price, and 3% of the total construction price shall be the Plaintiff.

C. On December 7, 2016, the Defendant agreed to pay to the Plaintiff wages, material costs, equipment costs, etc. which were not paid to the Plaintiff in relation to the said construction and to pay KRW 10,60,000 to the Plaintiff.

On October 19, 2017, the Plaintiff paid KRW 5,000,000, which was remitted from the Defendant to E (F) who did not receive material costs in relation to the said construction project, as is, and additionally paid KRW 10,000,000 on October 31, 2017, and additionally paid KRW 10,000,000 on December 20, 2017, and KRW 2,398,580 on December 29, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence 6 and 7-1, Gap evidence 8-1, 2, Gap evidence 9-1 through 5, the purport of the whole pleadings

2. Determination

A. As seen above, the Defendant paid 16,398,580 won (i.e., KRW 4,00,000, KRW 10,398,580) among the price obligations that the Defendant is obliged to pay to E (i.e., KRW 10,600,000) on behalf of the Plaintiff, and the Defendant agreed to pay the Plaintiff KRW 10,60,000,00 to the Plaintiff. As such, the Defendant is obligated to pay the Plaintiff the indemnity amount of KRW 16,398,580 and the amount of delay damages calculated from the date of delivery of the application for change of the purport of the claim and the cause of the claim from December 29, 2017 to August 21, 2019; and (ii) KRW 10,60,000 per annum from the next day to the date of full payment; and (iii) KRW 20,000 per annum from the date of delivery of the claim and delay damages.

B. The defendant is the plaintiff.

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