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(영문) 서울동부지방법원 2020.07.02 2019가단22266
공사대금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 96,725,50, and 6% per annum from November 1, 2019 to November 14, 2019.

Reasons

If Gap's evidence No. 1 contains the overall purport of the pleading, it can be acknowledged as the same facts as the entry of the cause of the claim in the attached Form.

(However, the “creditor” and “debtor” are the “Defendant” and the “debtor” are the “Defendant.” As to this, the Defendants have additional payment.

Although it is alleged to the effect that there exists a damage claim in lieu of defect repair against the plaintiff or that it should be deducted or offset, it cannot be accepted as there is no evidence supporting the above assertion.

[In addition, all the circumstances alleged by the Defendants appear to have occurred prior to the preparation of the above statement of non-acceptance of construction price (Evidence A). Thus, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 96,725,500, and damages for delay calculated at the rate of 6% per annum under the Commercial Act from November 1, 2019 to November 14, 2019, which is the day following the deadline for the above payment, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. Thus, the Plaintiff’s claim of this case shall be justified and accepted.

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