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(영문) 대구지방법원서부지원 2016.02.17 2015가단34509
공사대금
Text

1. Defendant B Co., Ltd.: (a) KRW 28,00,000,00 for the Plaintiff and 6% per annum from June 17, 2014 to February 17, 2016.

Reasons

1. Basic facts

A. On May 13, 2014, the Plaintiff received a contract for construction cost of KRW 90,000,000 (excluding value-added tax) from the Defendant Company B (hereinafter “Defendant Company”) for the construction work of the Ansan-dong Fag Fag-dong Fag-dong Fag-dong Fag-dong Fag-si and E as the construction site for the construction site for A and E (hereinafter “instant construction work”).

(hereinafter “instant construction contract”). B.

The Plaintiff completed the instant construction project around June 16, 2014 under the instant construction contract.

C. The Plaintiff received KRW 71,00,000 as the construction price of the instant case.

【In the absence of dispute over the grounds for recognition, entry of Gap evidence 1, 2, 3-1, 2, 3-2, 4, 5-1 through 3, 6 through 8, and the purport of the whole pleadings

2. According to the facts of recognition as to the claim against the Defendant Company, the Defendant Company is obligated to pay the Plaintiff the amount of KRW 28,000,000 in the balance of the construction cost of this case (i.e., value-added 90,00,000 in the construction cost of KRW 90,000,000 in the construction cost of KRW 71,000 in the repayment amount - the amount of the construction completion amount of KRW 71,00,000 in the construction completion amount) and damages for delay calculated at each rate of 6% per annum prescribed by the Commercial Act from June 17, 2014 until February 17, 2016, which is the date of the sentencing of this case, and the date of full payment from the following day to the date of full payment.

(3) The defendant company shall be liable for delay from the day after the completion date of the plaintiff's construction work. Thus, the plaintiff's damages for delay exceeding the above scope of recognition shall not be accepted).

A. The plaintiff asserted that the contract of this case was concluded with the defendant C, who is the actual operator of the defendant company, and the defendant C is jointly and severally liable to pay the construction price of this case to the plaintiff.

B. The fact that the instant construction contract was concluded between the Plaintiff and the Defendant Company was examined.

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