logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.03.28 2016가단9678
공사대금
Text

1. As to KRW 102,678,432 and KRW 91,960,00 among the Plaintiff, the Defendant shall annually pay to the Plaintiff KRW 102,678,432 from April 22, 2016 to March 28, 2017.

Reasons

1. Facts of recognition;

A. On December 22, 2014, the Defendant concluded a contract with the Plaintiff on installation works of each elevator as indicated in the details of the attached construction contract with the Plaintiff, and agreed to pay the progress payment within 10 days from the date of filing the claim for payment, and if delay is made, the Defendant shall pay the overdue interest in accordance with the overdue interest rate of a commercial bank from the following day

B. In the process of the construction project, the Plaintiff claimed the Defendant for the payment for completed portion, etc. in the item column of the attached Table on the date of the claim stated in the attached Table column, and the Defendant paid the remainder other than the remainder in the item column of the same Table on the payment date indicated in the same Table

C. Although the Plaintiff completed the above construction, it did not receive a total of KRW 91,960,000 from the Defendant.

[Ground for Recognition: Facts without dispute, entry in Gap evidence 1 through 4, 6, and 7 (including each number if there is a tentative number), the purport of the whole pleadings]

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff 102,678,432 won (total amount of KRW 91,960,718,432) and 91,960,00 won, whichever is the 102,678,432 won (total amount of KRW 91,960,000) and 91,960,000, whichever is the day following the delivery of a copy of the complaint of this case until March 28, 2017, which is the date of the rendering of the judgment of this case, to the day of full payment, 6% per annum under the Commercial Act and 15% per annum

Attached Form

On November 16, 2015, written damages for delay is the date of final inspection, and April 21, 2016 is the date of service of a copy of the complaint in this case.

The plaintiff claims that the rate of damages for delay shall be determined by the overdue interest rate of a commercial bank, and that the overdue interest rate of a commercial bank is 6% per annum in cases where the overdue interest rate of a commercial bank is less than three months, and that the average amount exceeds three months is 7% per annum, but it is not sufficient to recognize it only by the statement of evidence No. 5.

arrow