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(영문) 광주지방법원 2016.11.11 2015가합1057
공사대금
Text

1. The Defendant’s KRW 79,917,00 for the Plaintiff and 6% per annum from October 1, 2014 to October 5, 2016.

Reasons

1. Facts of recognition;

A. The plaintiff is a company with soil work business, etc. and the defendant's purpose of an engineering work business.

B. On April 18, 2014, the Plaintiff entered into a subcontract with the Defendant and the Incheon City City Support and Construction Work (hereinafter “instant construction work”) on the condition that the construction cost shall be KRW 225,500,000 with respect to the roof, home, metal, and glass Corporation (hereinafter “instant construction work”) and that the payment shall be adjusted according to the design change, economic situation change, etc.

C. From April 2014 to September 2014, the Plaintiff completed construction work equivalent to KRW 270,127,000 for the instant construction work including additional construction work.

The Defendant paid KRW 177,00,000 to the Plaintiff as the construction cost of the instant case.

[Ground of recognition] Unsatisfy, entry of evidence A1 to 5, result of appraiser A’s appraisal, purport of whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 93,127,00 (i.e., KRW 270,127,000 - KRW 177,000), as sought by the Plaintiff, 79,917,000 as well as damages for delay calculated at a rate of 15% per annum under the Commercial Act from October 1, 2014 to October 5, 2016, which is the delivery date of the application for change of claim and cause of claim in this case, as the Plaintiff seeks, after the completion date of construction of this case, from October 1, 2014 to the delivery date of the application for change of claim and cause of claim in this case.

3. In conclusion, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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