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(영문) 서울남부지방법원 2015.08.25 2015가단26577
공사대금
Text

1. The Defendant’s KRW 101,50,000 for the Plaintiff and 6% per annum from May 25, 2015 to August 11, 2015 for the Plaintiff.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 7, the defendant is both a stock company, Hyundai Construction Co., Ltd., which is a contractor of JH KH Newly built Housing, contracted the above construction to the defendant and sub-contract the above construction to the plaintiff among his households and interior works, the plaintiff completed the above furniture and interior works by March 25, 2015, and the contract price of the construction which is 126,50,000 won (including value-added tax) as the final agreement between the plaintiff and the defendant, and the defendant agreed to pay the construction price within 60 days from the completion date of the construction work.

According to the above facts, the defendant is obligated to pay the unpaid construction amount of KRW 101,50,000 (i.e., the above KRW 126,50,000 - the construction amount of KRW 25,000,000 which the plaintiff has received) and damages for delay calculated at each rate of 20% per annum under the Commercial Act from May 25, 2015 (from March 25, 2015, the date when the period from March 25, 2015, until August 11, 2015, (the date when the period from which the plaintiff calculated losses for delay, which is the date when the period from which the plaintiff calculated losses for delay, is deemed reasonable to dispute the scope of the obligation to pay) until the date when the payment is completed.

The plaintiff sought payment from May 25, 201 to the delivery date of the complaint of this case with 6% per annum and 20% per annum from the next day to the day of complete payment. However, the plaintiff's claim is justified only within the scope of the above recognition. The remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

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