logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.02.23 2015가단50695
공사대금
Text

1. The Defendant: (a) KRW 41,346,160 and the Plaintiff’s KRW 6% per annum from November 1, 2014 to October 13, 2015; and (b) October 14, 2015.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 2, and 3, the plaintiff engaged in the electrical construction business, etc. in the name of "B" can be acknowledged as the fact that the plaintiff paid only 17,000,000 won out of the total construction cost of each of the above construction works and the remainder of the construction cost is not paid to the plaintiff around May 2014.

According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 41,346,160 as well as damages for delay calculated at the rate of 15% per annum as prescribed by the Commercial Act from November 1, 2014 to October 13, 2015, the delivery date of a copy of the complaint in this case, and the next day from October 14, 2015 to the day of full payment, to the day of full payment.

(1) The Plaintiff claimed that the Plaintiff’s interest rate of 20% per annum from the day after the delivery of the copy of the complaint of this case to the day of full payment, but the interest rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which took effect from October 1, 2015, is 15% per annum, and thus, the Defendant does not accept any claim for delay damages exceeding the above recognition scope. Accordingly, the Defendant asserted that the construction price of each of the above construction works is KRW 33,500,000, and the construction price of D-owned fences is KRW 10,500,000, and the construction price of D-owned fences is KRW 43,500,000, the total amount of the construction price is KRW 40,500,000.

The defendant paid 17,00,000 won as the construction cost, and since the plaintiff did not execute the construction work amounting to 6,200,000 won, the defendant eventually paid to the plaintiff.

arrow