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(영문) 서울서부지방법원 2015.05.29 2015가단635
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 21,00,000 and the interest rate of KRW 20% per annum from November 12, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 18, 2013, the Plaintiff entered into a subcontract with the Defendant for the construction of hardware 26,00,000 (excluding value-added tax; hereinafter the same shall apply) and the construction period from December 10, 2013 to January 20, 2014; and completed the said construction on December 12, 2013.

B. The Plaintiff finally settled the construction cost of the above construction in total of KRW 34,000,000. The Plaintiff received only KRW 13,000,000 from the Defendant and did not receive the remainder of the construction cost.

C. The Plaintiff issued each tax invoice on December 23, 2013 with respect to KRW 13,00,000,000 among the balance of the construction price, to the Defendant, respectively, on May 31, 2014.

【Ground for Recognition: Evidence A Nos. 1 through 5 (Evidence Nos. 1 to 5)

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the balance of the construction price of KRW 21,00,000 and damages for delay calculated at the rate of 20% per annum from November 12, 2014 to the day of full payment, which is the day following the day when the original copy of the payment order was served to the defendant in lieu of the copy of the complaint of this case, as requested by the plaintiff.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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