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(영문) 대구지방법원 2015.03.20 2014가단11403
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 as well as 20% per annum from February 28, 2014 to the day of full payment.

Reasons

1. Determination on the cause of the claim

A. (1) On February 20, 2013, the Defendant awarded a contract to KRW 1,367,00,000 for a new construction of a multi-household house on the land of Daegu-gu Seoul-gu Seoul-gu Seoul-gu Seoul-based multi-household house to B (hereinafter “B”).

B on June 20, 2013, the Plaintiff commenced construction upon subcontracting KRW 150,00,000 among the new construction of a multi-household house from B. However, on August 22, 2013, the Plaintiff suspended construction around that time.

On December 17, 2013, the Defendant drafted a letter of payment stating that “B would not pay the remainder of the construction cost (i.e., KRW 150,000,000 - the above KRW 30,000,000) to the Plaintiff, the Defendant would confirm that the Defendant would pay the said money.” (Evidence 1-1, hereinafter referred to as “instant letter of payment”).

Details of the letter of payment in this case are as shown in the attached Form.

Around January 10, 2014, the Plaintiff completed construction works, but only KRW 60,000,000 was paid by the Defendant on January 29, 2014.

[Ground of recognition] No dispute, Gap 1 to 4 (including virtual number), Eul 1 and 3, and the purport of the whole pleadings

B. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of the subcontract construction cost of KRW 60,000,000 (=the above KRW 120,000,000 - the above KRW 60,000) and damages for delay calculated at the rate of 20% per annum from February 28, 2014, which is the day following the delivery date of the complaint to the day of full payment, according to the Plaintiff’s claim.

2. Judgment on the defendant's assertion

A. The Defendant prepared the instant payment note within the scope of the prime contract amount to B, in the sense that it would pay the Plaintiff the subcontract price. Of the prime contract amount of KRW 1,367,00,000, the Defendant paid KRW 1,341,172,658 to B (including the above KRW 60,000,000 paid directly to the Plaintiff), and on 167 days from the remainder of the construction site.

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