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(영문) 서울중앙지방법원 2015.06.10 2015나624
공사대금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 16,50,000 and its payment from June 12, 2014.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The defendant is a pair of construction companies (hereinafter referred to as "balchis construction").

(C) As to June 4, 2013, the CBC construction project (hereinafter referred to as the “instant construction project”) was awarded a contract for a construction project of two-use forest 24 district.

15,500,000 Won (including surtax; hereinafter the same shall apply) for the Plaintiff

(2) From June 4, 2013 to August 15, 2013, the Plaintiff concluded the instant construction work within the said construction period, but the Defendant paid only a part of the said construction cost, and confirmed that the unpaid payment was KRW 33 million as a result of the settlement of accounts for the instant construction cost around December 31, 2013.

3) The Defendant paid to the Plaintiff additional amount of KRW 8250,000,000 on December 31, 2013, KRW 8250,000,000 on April 18, 2014, and KRW 16,50,000 on the total amount of the construction payment unpaid to the Plaintiff. [The fact that there is no dispute over the grounds for recognition, each entry in Gap evidence No. 1 through 3,

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 16.5 million (i.e., KRW 33 million - KRW 16.5 million) and damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 12, 2014 to the date of full payment, as claimed by the Plaintiff.

2. Judgment on the defense

A. Defendant’s assertion 1) With respect to the payment method of KRW 33 million unpaid between the Plaintiff and the Plaintiff on December 31, 2014, the Defendant agreed that KRW 16.5 million shall be paid in cash on two occasions, and the remainder KRW 16.5 million shall be paid in cash on two occasions. 2) The Defendant paid the Plaintiff KRW 8250,000 on December 31, 2013 and KRW 16.5 million on April 18, 2014, according to the aforementioned settlement agreement.

3. Since there is no price received from a pair of construction companies after the above settlement agreement, the defendant shall pay the amount stated in the purport of the claim to the defendant.

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