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(영문) 부산지방법원 서부지원 2021.01.29 2020가단5431
자재및공사대금
Text

The defendant shall pay to the plaintiff 197,932,045 won and 12% per annum from June 20, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On September 2018, the Plaintiff entered into a contract with the Defendant for the construction of a complex building and the supply of various kinds of temporary materials necessary for the construction of a new building in Busan Metropolitan Government, Franchi-gun, Busan Metropolitan Government, on the 36th parcel of the building.

B. According to the above contract, the Plaintiff supplied temporary materials at each of the above construction sites from September 21, 2018 to April 2019. The Defendant only paid KRW 20,350,000 out of the materials price, but did not pay the remainder of KRW 197,932,045.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, Gap evidence No. 2-1 through 7, Gap evidence No. 3, Eul evidence No. 2, and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff delayed damages calculated at the rate of 12% per annum from June 20, 2020 to the day of full payment, which is the day after the day of sending the copy of the complaint of this case, to the day of complete payment.

3. Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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