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(영문) 창원지방법원 2012.10.16 2011가단33385
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 51,694,856 and the interest rate of KRW 20% per annum from October 15, 201 to the day of full payment.

Reasons

1. Facts of recognition;

A. On March 13, 2009, the Plaintiff entered into a construction contract with the Defendant, setting the construction cost to KRW 530 million in relation to B construction works contracted by the Defendant from Hyundai Industrial Development Co., Ltd., and the construction period to June 30, 2009.

B. Since then, the Plaintiff received KRW 432,848,200 from the Defendant and completed construction around May 2009, but the Plaintiff could not install structures due to civil petitions filed by neighboring residents on the part of the official military unit, which is the implementer, and completed the settlement of the completed portion after taking measurements around February 201. The total amount of the construction cost reflecting design changes, etc. is KRW 484,543,056.

(Specific Details of settlement shall be as shown in the annexed sheet). . [The basis for recognition] does not dispute, each entry of Gap evidence 1 through 8 (including each number), a witness D's partial testimony, a whole purport of the pleading [each entry of evidence Nos. 1 and 2 (including each number), and witness D's witness D's testimony shall not interfere with the above fact-finding];

2. The Plaintiff asserted and determined the Plaintiff sought payment of the unpaid amount of the construction price of this case against the Defendant. As such, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 51,694,856 (i.e., KRW 484,54,53,056 - KRW 432,848,200), and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 15, 2011 to the date of full payment, as the Plaintiff seeks.

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

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