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Reasons
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(영문) 서울중앙지방법원 2016.02.12 2015가단140095
공사대금 등
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1. The defendant shall pay to the plaintiff KRW 170,251,493 and KRW 115,00,000 among them, from April 26, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 201, the Plaintiff concluded a contract with the Defendant for the flag and construction of the inspection building, such as the field, crym, crym, heroop, crym, and mountain crym, and completed it.

B. At the time of June 4, 2013, B, who was the representative of the Defendant, promised to pay the Plaintiff the construction cost of KRW 120 million up to May 31, 2014, which was settled to the Plaintiff, but did not pay it up to the date of May 31, 2014, and again agreed to pay the said price up to August 25, 2014, but did not comply therewith.

B The payment of the said payment on March 14, 2015 through five times from April 25, 2015 to August 25, 2015, and if delayed payment, it agreed to pay the interest in arrears of 20% per annum, but did not comply therewith.

On the other hand, around June 16, 2014, the Defendant repaid KRW 5 million among the above KRW 120 million.

C. Based on the executory copy of the conciliation protocol, the Plaintiff filed an application with the Daegu District Court for a seizure and assignment order of KRW 5,251,493 against the Defendant, who is the garnishee, based on an executory copy of the conciliation protocol for the construction cost case No. 2014 money-52489, the Plaintiff filed an application for a seizure and assignment order of KRW 55,251,493 against the Defendant, who is the garnishee. The said court issued the seizure and assignment order on March 25, 2015, and on March 27, 2015, the said order was served

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff 170,251,493 won (the remainder of the agreed construction cost KRW 115,00,000,000 and KRW 55,251,493), 115,00,000,00 won, interest rate of 20% per annum from April 26, 2015 to the date of full payment, while interest rate of KRW 55,251,493 per annum from July 24, 2015 to the date of full payment, for interest rate of KRW 55,251,493, which is the day following the delivery of the original copy of the instant payment order.

3. Full acceptance of the Plaintiff’s claim.

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