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(영문) 부산지방법원 2016.09.13 2015가단244049
공사대금
Text

1. The Defendant’s KRW 66,220,00 for the Plaintiff and its related KRW 66% per annum from July 1, 2015 to November 19, 2015.

Reasons

1. Facts of recognition;

A. On January 23, 2015, the Defendant entered into a subcontract with the Plaintiff and Busan Metropolitan City on January 23, 2015, setting the construction cost of KRW 55 million (excluding value-added tax) and the construction period of construction up to April 30, 2015 (hereinafter “instant construction”).

B. On April 15, 2015, the construction price of the instant construction project was changed to KRW 65.2 million (excluding value-added tax) and the construction period was changed to May 20, 2015.

C. Upon completion of the instant construction project on June 2015, the Defendant paid only KRW 5,50,000 to the Plaintiff on April 24, 2015, and the unpaid construction cost is KRW 6,622,00 [The construction cost = KRW 7,1720,00 (= KRW 6,520,000 value-added tax of KRW 6,520),5,00].

[Reasons for Recognition] Each entry and video of Gap evidence Nos. 1 through 6 (including paper numbers) and the purport of the whole pleading

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the construction cost of KRW 66.22 million and the damages for delay calculated at the rate of 6% per annum under the Commercial Act from July 1, 2015 to November 19, 2015, which is the delivery date of a copy of the complaint in this case, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

In regard to this, the defendant merely entered into a substitute contract with the owner of the building upon the request of the Mazkkk's Co., Ltd., and argued that the plaintiff's request cannot be complied with since the Mazkkk's Mazk's Mazk's Mazk's Mazk's Mazk'

The defendant's argument is without merit.

3. Conclusion, the plaintiff's claim of this case is justified.

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