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(영문) 서울동부지방법원 2018.12.21 2018가단8751
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 119,00,000 and the interest rate of KRW 15% per annum from May 11, 2018 to the date of full payment.

Reasons

1. In full view of the written statements and images of Gap evidence Nos. 4 through 7, 8, 12, and 13 as to the cause of the claim, the plaintiff paid sewage to the defendant for the construction cost of KRW 90,000,000,000 to the construction cost of the project, and it is recognized that the plaintiff completed the construction work of this case after the change between the defendant and the defendant on October 30, 2017.

Meanwhile, the Plaintiff is a person who has received payment of KRW 15 million among the above construction cost.

According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 119 million and damages for delay at the rate of 15% per annum under the Special Leretens Act, which is the day following the delivery date of a copy of the complaint of this case filed by the Plaintiff from May 11, 2018 to the day of complete payment.

2. The defendant's assertion argues that the plaintiff cannot accept the plaintiff's claim for construction cost because the plaintiff failed to perform his/her duty to submit a fair construction plan and presented articles, etc. of this case to the defendant.

However, according to the overall purport of evidence Nos. 9, 11, and 12 as well as the entire pleadings, the Plaintiff appears to have prepared a daily report, etc. of the construction work while performing the instant construction work and reported it to the Defendant by e-mail, etc. However, as long as the construction work of this case was completed as seen earlier, it is reasonable to deem that the payment for the construction work cannot be refused on the ground that

The above argument is without merit.

The Defendant is not obliged to pay the construction cost on the ground that there are defects, such as the failure of distribution of the instant construction works, the collapse of crowdfunding, the punishment of saves, saves, and saves, and saves, and the Plaintiff’s failure to comply with the claim for remuneration.

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