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(영문) 의정부지방법원 2018.01.12 2017가단13663
공사대금
Text

1. The Defendant’s KRW 41,400,000 and the Plaintiff’s annual rate of KRW 6% from February 1, 2016 to June 14, 2017.

Reasons

1. On January 20, 2016, the Plaintiff entered into an agreement with the Defendant on January 20, 2016 that he/she shall be paid the construction cost of a fire door and a railing construction cost of KRW 37 million, and on January 23, 2016, in addition, on January 23, 2016, each of the above construction works is completed by January 31, 2016, after being awarded a contract for an additional toilet and stairs replacement construction cost of KRW 1 million, and the fact that the Defendant separately paid value-added tax and the Defendant agreed to pay the construction cost on the date of completion of the construction is either not in dispute between the parties, or that the Plaintiff was paid KRW 7 million from the Defendant on March 2, 2016.

2. According to the above facts, the Defendant is obligated to pay to the Plaintiff 41.4 million won (i.e., KRW 4.4 million to KRW 4.4 million) and to pay damages for delay calculated at each rate of 6% per annum under the Commercial Act from February 1, 2016 to June 14, 2017, the delivery date of the complaint of this case, from February 1, 2016 to June 14, 2017, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

In regard to this, the defendant entered into a contract with the plaintiff's construction cost and the plaintiff's construction cost together, and accordingly, C claims the whole amount including the plaintiff's construction cost. However, there is no evidence to acknowledge the above assertion, and therefore, the defendant's assertion is without merit.

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

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