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(영문) 수원지방법원안산지원 2015.01.22 2014가합2973
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 469,620,000 as well as 20% per annum from May 3, 2014 to the date of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 5 (including each serial number, if any) as to the cause of the claim, the plaintiff agreed to pay KRW 438,00,000 for electrical construction, telecommunications, and CCTV construction (hereinafter "the instant construction") among the construction works of building on three lots of land, Pyeongtaek-si, Pyeongtaek-si, the defendant on August 14, 2013 at KRW 638,000 for the construction cost (including value-added tax; hereinafter the same shall apply). The plaintiff agreed to pay KRW 438,00,000 for the down payment and the intermediate payment of KRW 1,2,30,000 for the remainder 438,00,000 for the construction work of this case and within one month from the completion date of approval for the construction work of this case. The plaintiff can be recognized as having obtained approval from the defendant on December 31, 2013 for the completion of construction work of this case from the Corporation.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 631,620,000 (=638,000,000 x 99/100) remaining 469,620,000 (i.e., KRW 631,620,000 - KRW 162,000 - KRW 162,000), and as sought by the Plaintiff, delay damages at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 3, 2014 to the date of full payment, which is the day following the day when the duplicate of the instant complaint was served to the Defendant.

2. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition by admitting all of them.

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