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(영문) 수원지방법원 2018.06.08 2018가단6118
물품대금
Text

1. The defendant shall pay 42 million won to the plaintiff and 15% per annum from February 7, 2018 to the day of complete payment.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in the evidence Nos. 1 through 9 of the judgment as to the cause of the claim, the Plaintiff is a person who runs artificial fishery in the name of “C”, and the Defendant is a person who operates Mate in the name of “E” in Jin-si, and the Plaintiff was awarded a contract from the Defendant on November 28, 2016 for 129 million won for the interior works of E. The Plaintiff was awarded a contract on November 28, 2016, and the total construction amount was increased to KRW 140,093,00,000 due to the addition of a part of the construction work, and the Plaintiff received KRW 98,093,00 from the Defendant.

According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 42,00,000 (=140,093,000 - 98,093,000) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 7, 2018 to the date of full payment, which is the day following the delivery of the original copy of the instant payment order.

2. The defendant's argument that the plaintiff did not perform the above construction works or performed without the defendant's consent, and that the plaintiff agreed to the remaining construction cost of KRW 30 million due to the error in calculating the labor cost, but there is no evidence to acknowledge the above argument, the above argument shall not be accepted.

3. In conclusion, the plaintiff's claim of this case is reasonable and acceptable.

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