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(영문) 대구지방법원 포항지원 2018.11.27 2018가단100258
공사대금
Text

1. The Defendant’s KRW 30,939,810 and KRW 29,03,810 of the above money to the Plaintiff shall be KRW 1,936,00,00 from July 7, 2015.

Reasons

1. On February 16, 2015, the Plaintiff entered into a contract for a construction project (hereinafter “instant contract for a construction project”) with the Defendant, setting the contract amount of KRW 26,00,000, and the period from February 23, 2015 to March 30, 2015, for each of the contracts for a construction project with the Defendant, among the construction works for multi-household housing on the five-story-gu, Nam-gu, and the five-story multi-household housing (hereinafter “instant construction project”).

The Plaintiff completed the instant construction. On February 28, 2015, the Plaintiff issued each tax invoice on KRW 8,103,810, and the construction cost of KRW 20,900,000 on July 6, 2015, and the Defendant did not pay the said construction cost.

On the other hand, on September 15, 2015, the Plaintiff paid 1,936,000 won to the facilities for the electric use application on behalf of the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, witness C's testimony, purport of whole pleadings

2. According to the above findings of determination, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 29,03,810 (i.e., KRW 8,103, KRW 20,90,00) and KRW 1,936,00, totaling KRW 30,939,810 and KRW 29,003,810, out of the above amount, as the Plaintiff seeks, with respect to KRW 1,936,00,00 from July 7, 2015, KRW 1,936,00 from September 16, 2015 to February 28, 2018, the delivery date of the complaint of this case, KRW 5% per annum under the Civil Act, and KRW 15% per annum from the following day to the day of complete payment.

3. Conclusion, the plaintiff's claim of this case is accepted on the ground of the reasons.

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