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(영문) 서울동부지방법원 2018.09.12 2017가단11187
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 49,70,000 and the interest rate of KRW 15% per annum from July 25, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff was awarded a contract by the Defendant for construction work for the Defendant’s office building and factory club building (hereinafter “instant construction work”) by setting the construction cost of KRW 170,000,000 (excluding value-added tax) and the construction period from November 17, 2014 to September 17, 2015.

During the construction of this case, the construction project equivalent to KRW 20,000,000 (excluding value-added tax) was added.

B. The Defendant paid the Plaintiff KRW 131,000,000 as the construction price.

C. The Plaintiff filed a lawsuit against the Defendant seeking payment of KRW 9,300,000 out of the construction cost of the instant case as Seoul Eastern District Court 2016 Ghana31232, and won.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. According to the facts found in the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 49,700,000 (total construction cost of KRW 190,000,000 - interest rate of KRW 131,00,000 - interest rate of KRW 9,300,000) 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 July 25, 2017 to the date of full payment, as sought by the Plaintiff.

3. Judgment on the defendant's defense

A. The defendant defense that the plaintiff could not respond to the plaintiff's claim since the plaintiff transferred the above contract price claim to the subcontractor C, but there is no evidence to acknowledge the assignment of claim.

In full view of the purport of the argument in Gap evidence No. 3, the plaintiff subcontracted to Eul (DD company) the 49,700,000 won for the subcontracted construction work, but failed to pay the 49,700,000 won for the subcontracted construction work during the instant construction work, and the plaintiff made a written statement of payment that "A may request the defendant to pay the above subcontracted construction work," and Eul made a statement of payment that "A may request the defendant to pay the above subcontracted construction work," based on the above written statement, the above construction work price against the defendant as Suwon District Court No.

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