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(영문) 인천지방법원부천지원 2019.09.25 2019가단18091
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 32,247,60 and the interest rate of KRW 12% per annum from May 5, 2019 to the date of full payment.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 6, the plaintiff is found to have completed the construction work equivalent to 32,247,600 won by being awarded a contract with the defendant for the construction work of the 35,750,00 won of the construction work of the electric exchange units among the construction work of officetel and new house in Jung-gu Seoul Metropolitan Government from the defendant around December 7, 2018, and until February 2019. According to the above facts of recognition, the defendant is liable to pay the plaintiff the construction work price of 32,247,60 won and damages for delay.

In regard to this, the Defendant stated in the construction contract that “the construction site may be arranged after passing an inspection of completion and a claim for the payment of the construction cost may be filed.” Thus, the Plaintiff’s claim cannot be satisfied. Thus, according to the above evidence, it can be acknowledged that the Defendant stated in Article 10 of the construction contract as alleged in the Defendant. However, according to the above evidence, it can be acknowledged that the Defendant has agreed to claim the construction cost each month in relation to the payment of the construction contract and to pay the construction cost in cash at the end of the following month. Therefore, it is reasonable to deem

Therefore, the defendant's dispute is not accepted.

Next, the defendant's claim for payment for completed portion without closing the heat exchange engine, exchange engine, and heat exchange engine, etc. is unreasonable, but the plaintiff is not seeking the payment of the construction cost on the ground of the completion of the construction work, but in this case, the defendant cannot refuse the payment of the construction cost on the ground of the non-construction portion. Thus, the defendant's claim is without merit.

Therefore, the Defendant’s payment of KRW 32,247,60 to the Plaintiff and the payment of KRW 32,247,60 to the day following the agreed payment date, which is obvious from May 5, 2019 to the day after the delivery of a copy of the complaint filed by the Plaintiff, shall be governed by the Act on Special Cases Concerning the Promotion of Legal Proceedings

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