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(영문) 제주지방법원 2020.04.07 2019가단66899
공사대금
Text

1. The defendant shall pay 11,90,000 won to the plaintiff and 12% per annum from March 8, 2019 to the day of complete payment.

Reasons

1. On September 27, 2018, the Plaintiff, a contractor of the Construction of Building C located in Jeju-si (hereinafter “instant construction works”), was awarded a contract for the installation of heating and cooling equipment (hereinafter “instant construction works”) at KRW 17,00,000 from the Defendant, a contractor of the Construction of Building C located in Jeju-si (hereinafter “instant construction works”). On February 20, 2019, the fact that the Plaintiff completed all of the instant construction works is either not disputed between the parties, or that the Plaintiff was paid KRW 5,10,000 out of the said construction costs, by taking account of the respective descriptions and arguments, and the purport of each of the instant construction works and the entire arguments, and the Plaintiff was paid KRW 1,60,000.

According to the above facts, the Defendant is obligated to pay the Plaintiff the amount of KRW 11,900,000 for the unpaid construction cost (i.e., construction cost of KRW 17,00,000 - the above KRW 5,100,000) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 8, 2019 to the date of full payment after the delivery of a copy of the complaint of this case.

2. The defendant's argument regarding the defendant's assertion is that since the owner D of the building of this case seeks payment against the defendant, including the price for the construction of this case, the defendant cannot respond to the plaintiff's claim, but there is no evidence to acknowledge this.

3. Thus, the plaintiff's claim of this case is justified and it is so decided as per Disposition by the assent of all.

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