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(영문) 인천지방법원부천지원 2016.10.18 2016가단10768
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 27,80,000 and the interest rate of KRW 15% per annum from May 18, 2016 to the day of complete payment.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 2 and 3, the plaintiff entered into a construction contract with the defendant on May 15, 2015, with the content that the plaintiff would pay construction cost of KRW 35,000,000 (excluding value-added tax), and the plaintiff can be recognized as having completed the production and installation under the above contract. The plaintiff received KRW 2,700,000 from the defendant as part of the down payment amount of KRW 4,50,000 among the above payment and the remainder of KRW 2,70,000.

Therefore, according to the above facts of recognition, the defendant is obligated to pay to the plaintiff the remaining construction cost of KRW 27,800,000 (=35,000,000 - KRW 4,500,000 - KRW 2,700,000) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 18, 2016 to the date of full payment.

In regard to this, the defendant asserts that there are defects such as inflow of hydrogens, pumps, and temperature of which is not maintained at a certain level, but there is no evidence to acknowledge it, the defendant's above assertion is rejected.

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

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