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(영문) 춘천지방법원 원주지원 2017.01.12 2016가단5978
청소대금
Text

1. The Defendant shall pay to the Plaintiff KRW 71,30,000 and the interest rate of KRW 15% per annum from September 27, 2016 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. On September 9, 2015, the Plaintiff received from the Defendant a contract with the National Health Insurance Corporation (including value-added tax) to down payment of the completion cleaning service for the National Health Insurance Corporation’s main office house KRW 99,000,000 (including value-added tax) and from September 9, 2015 to December 8, 2015, respectively; and the payment was based on “within 60 days from the date of receipt of the subject matter”; 2) after the said cleaning service contract, the down payment was increased and became a total of KRW 13,10,000 (including value-added tax).

(3) The Plaintiff completed the cleaning service at the time of the contract term of the instant cleaning service contract, including the details of increased down payment. (4) The Defendant paid KRW 61,800,000,000 in total among the price of the instant cleaning service contract, and KRW 61,80,000 in total, among the price of the instant cleaning service contract, on December 23, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

B. According to the above facts of determination, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 71,300,000 (=13,100,000 - 61,80,000) out of the price of the instant cleaning service contract and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 27, 2016 to the date of full payment after the date of service of the original copy of the instant payment order, as sought by the Plaintiff.

2. Judgment on the defendant's assertion

A. The Defendant received a contract for the construction of the National Health Insurance Corporation's new headquarters building from the Public Procurement Service by Japan Construction Co., Ltd., Ltd., Ltd., Han River Construction Co., Ltd., Ltd., Ltd., and Drown Construction Co., Ltd., and the Public Procurement Service. The Defendant's share in the above contract construction is 46%, and the Defendant and other joint contractors, according to their share ratio, have invested expenses necessary for the performance of the above construction and carried out the construction,

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