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(영문) 의정부지방법원고양지원 2020.04.08 2020가단189
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 52,00,000 and the interest rate of KRW 12% per annum from December 21, 2019 to the date of full payment.

Reasons

On August 8, 2017, the Plaintiff concluded a contract with the Defendant for the construction work of creating a housing complex of KRW 120 million (hereinafter referred to as the “instant construction work”) outside C and four parcels of land outside C (including civil engineering work; hereinafter referred to as the “instant construction work”) from the Defendant for the completion of the contract, and the Plaintiff received a total of KRW 70 million from the Defendant during the period from August 8, 2017 to September 26, 2019 may be recognized by comprehensively taking into account the respective descriptions in subparagraphs 1 through 5 (including household numbers) and the overall purport of arguments.

According to the above facts, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 52 million (=120 million - KRW 70 million) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from December 21, 2019 to the date of full payment, as the Plaintiff seeks.

In regard to this, the defendant is not the defendant but D, and even if not, the plaintiff expressed his intention to offset the claim against the defendant, such as the violation of the contract and the defect repair amount, so it cannot respond to the plaintiff's claim. However, since there is no evidence to acknowledge the above argument, the above argument of the defendant is without merit.

Therefore, the plaintiff's claim is justified, and it is so decided as per Disposition.

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