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(영문) 의정부지방법원고양지원 2015.07.23 2014가단71623
공사대금
Text

1. The Defendant’s KRW 37,787,00 for the Plaintiff and KRW 5% per annum from May 21, 2014 to February 9, 2015.

Reasons

1. Basic facts

A. The Defendant, among Btel A and B new construction works, awarded a subcontract for each of the instant furniture construction works as KRW 440,00,000 (including KRW 198,000,000 B, Dong B, 242,000,000, each value-added tax) to the Plaintiff, and the remainder of each of the construction works as above was paid by the Plaintiff within three months after the completion of construction.

B. Since then, the Plaintiff and the Defendant entered into an additional construction contract with the value of KRW 17,787,00 (i.e., value of KRW 16,170,000 for value-added tax of KRW 1,617,00 for the said construction work).

C. On May 20, 2013, the Plaintiff submitted a defective performance bond for each of the above construction works. D.

From February 20, 2013 to May 1, 2014, the Defendant paid KRW 420,000,000 to the Plaintiff out of the total construction cost (= KRW 440,00,000, KRW 17,787,000).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above findings of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 37,787,00 (i.e., the total construction cost of KRW 457,787,00,000 - 420,000) and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from May 21, 2014 to February 9, 2015, the delivery date of a copy of the complaint of this case, which is the date of delivery of the copy of the complaint of this case, and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the date 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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