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(영문) 전주지방법원군산지원 2015.05.26 2011가단11523
공사대금
Text

1. The Defendant’s KRW 34,956,653 as well as the Plaintiff’s annual rate of KRW 6% from July 2, 2011 to May 26, 2015.

Reasons

1. Around August 2, 2010, the Plaintiff was awarded a contract for electrical construction works (hereinafter “instant construction works”) among the “B military plant construction works” in the Sinsan-si, Sinsan-si (hereinafter “instant construction works”) from the Defendant to KRW 132,00,000 (including additional taxes), and completed all the said construction works (hereinafter “instant construction contract”).

According to a consultation with the Defendant, the Plaintiff performed additional construction works equivalent to KRW 3,924,122 on electric utility, electric power cable construction, information and communications construction, and fire-fighting and electrical construction, respectively, in relation to electric power cable construction, electric power cable construction, electric light construction, and electric power and electric heat construction.

On the other hand, the Plaintiff is a person who received KRW 127,100,000 from the Defendant.

[Ground of recognition] A without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 2, appraiser C's appraisal result, the purport of the whole pleadings

2. The plaintiff asserted that the plaintiff claimed 35,056,653 won including 5,00,000 won for construction balance, 30,056,653 won for addition and alteration work, and damages for delay.

3. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 34,956,653 won in total, including the amount of KRW 4,900,000 (=132,00,000 - 127,100,000), and the amount of additional and alteration work (26,132,531 won in addition to alteration work) and the amount of KRW 34,956,653 in total (26,531 won in addition to alteration work) from July 2, 2011 to May 26, 201, which is the day following the delivery date of the payment order in this case where it is deemed reasonable for the defendant to resist the existence or scope of the obligation in this case, and damages for delay at a rate of 6% per annum under the Commercial Act and 20% per annum under the Special Act on the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

4. If so, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as they are without merit.

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