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(영문) 서울남부지방법원 2020.08.25 2019가단271702
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 128,695,050 and the interest rate of KRW 12% per annum from December 17, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. From August 2019 to October 2019, the Plaintiff received a contract from the Defendant for each of the following construction works (hereinafter “each of the instant construction works”) with respect to the C factory located in Gwangju-si from the Defendant for the total price of KRW 145,195,050, and completed each of the instant construction works.

Value of goods (including value-added tax) 46,618,00 won for D Facilities 11,93,702 won for small-value D Facilities 20,630,500 won for small-value D Facilities 6,76,298 won for replacement of roof capital for customers delivery place, customers delivery place, 37,573,360 won for small-value D Facilities 145,195,050 won for total of 21,673,198 won for replacement of roof capital for customers delivery place.

B. On October 18, 2019, the Plaintiff received KRW 16,500,000 from the Defendant.

[Grounds for recognition] The descriptions of Gap's 1 to 4 and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff 128,695,050 won remaining after deducting the amount of KRW 16,50,000 paid at the total construction cost under the construction contract from KRW 145,195,05,050 (=145,195,050 won - 16,500,000) and damages for delay at the rate of 12% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from December 17, 2019 to the date of complete payment.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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