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(영문) 수원지방법원 2016.07.15 2015나45823
공사대금
Text

1. Revocation of a judgment of the first instance;

2. Based on the selective claim added at the trial court, the defendant 2,500.

Reasons

1. On December 8, 2014, the Defendant: (a) received a contract for the interior facilities construction work from the non-party C Co., Ltd. (hereinafter “non-party C”); (b) around December 17, 2014, the Plaintiff received a subcontract from the Defendant for the said interior facilities construction work in the amount of KRW 9 million for the construction cost; and (c) the construction cost was paid immediately after the completion of construction; and (d) around December 18, 2014, the Plaintiff commenced the instant construction work and completed the construction work on or around December 24, 2014; or (e) can be recognized by comprehensively taking into account the entire arguments as stated in subparagraphs A2 through 4.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from September 23, 2015 to the date of delivery of a copy of the instant complaint, as sought by the Plaintiff, with the exception of KRW 6.5 million, excluding KRW 2 million in advance, KRW 3 million in advance, KRW 3 million in advance, and KRW 1.5 million in advance, and KRW 3 million in advance, KRW 1.5 million in advance, from December 31, 2014.

(2) If the plaintiff's claim for construction work based on the plaintiff's subcontract is accepted, and it is not decided separately as to the claim for construction work as the field agent of the non-party company against the non-party company against the non-party company. 2. The plaintiff's claim of this case is justified, and the judgment of the court of first instance is unfair, and it is so decided as per Disposition by the plaintiff's order to pay the above amount upon the selective claim added by the court of first instance.

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