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(영문) 서울북부지방법원 2020.04.10 2019가단17574
공사대금
Text

1. The Defendant’s KRW 46,00,000 and the Plaintiff’s annual rate of KRW 5% from July 12, 2016 to September 16, 2019.

Reasons

1. Facts of recognition;

A. On June 20, 2015, the Plaintiff entered into a construction contract with the Defendant and the Dispute Resolution Co., Ltd. (hereinafter referred to as “Defendant”) to build a new Da-gun forest Da-gun, Chungcheongnam-gun.

B. At the time, the construction cost shall be calculated at KRW 1,50,000 per square meter on the basis of 2.51 square meters per square meter, and the portion exceeding the above size shall be added by 50%, and the progress payment shall be paid at the end of the month after settling accounts on the 20th day of each month.

C. On September 2015, the construction was suspended due to the Defendant’s failure to pay the progress payment of KRW 46 million under the aforesaid agreement.

After July 12, 2016, the Defendant issued to the Plaintiff an electronic bill with the face value of KRW 46 million on November 15, 2016 for the payment of the above progress payment, but the electronic bill was refused to pay on the maturity date.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 5% per annum as prescribed by the Civil Act from July 12, 2016 to September 16, 2019, which is the day following the delivery date of the original copy of the instant payment order, and 12% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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