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(영문) 인천지방법원부천지원 2014.06.19 2013가단39140
공사대금
Text

1. The Defendant’s KRW 37,274,60, and as to the Plaintiff, KRW 5% per annum from November 5, 2013 to June 19, 2014, and the following.

Reasons

1. In full view of the facts without any dispute over the cause of the claim and the purport of the argument in Gap's evidence Nos. 1, 2, 3, 4, 5, and 6, the plaintiff entered into a construction contract with the partnership on the contract amount of KRW 47,300,00 (value 43,000,000,000, value 430,000,000) with respect to the construction of landscaping facilities among the defendant and Busan apartment landscaping construction (hereinafter "construction of this case") on October 8, 2013. After completing the construction of this case, the plaintiff entered into the construction contract with the defendant for the construction of the construction project of this case on the aggregate amount of KRW 47,30,00,000,000, which was issued on July 31, 2013 and claimed to the defendant for the payment of KRW 20,000,000,000,000,000 for the construction project of this case.

According to the above facts, the defendant asserts that the outstanding amount against the plaintiff is KRW 37,574,600,00 (including the construction price in this case, the plaintiff claimed that the outstanding amount against the plaintiff is KRW 37,574,600, including the construction price in this case, but the statement in Gap evidence No. 1 alone is insufficient to recognize that the outstanding amount is KRW 37,574,600, which is alleged by the plaintiff, and there is no other evidence to recognize it), and as to this, it is reasonable to dispute as to the existence or scope of the defendant's obligation from November 5, 2013 to June 19, 2014, which is the date following the delivery date of the copy of the complaint in this case, 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

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