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(영문) 대구지방법원경주지원 2020.10.14 2020가단12779
공사대금
Text

1. The defendant's KRW 121,05,700 per annum for the plaintiff and 6% per annum from April 29, 2020 to July 2, 2020.

Reasons

1. The fact that the Plaintiff, on January 15, 2019, was awarded a contract for waterproof construction works from the Defendant and was not paid the construction cost of KRW 121,05,700 from among the tentative middle school establishment works, does not conflict between the parties to the dispute.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the construction cost of KRW 121,05,70 and damages for delay at each rate of 6% per annum prescribed by the Commercial Act from April 29, 2020 to July 2, 2020, which is the delivery date of the copy of the complaint of this case, and 12% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. The defendant's assertion that the defendant applied for provisional seizure against the claim against the construction price that the defendant received from the original office, and the defendant's claim for the construction price is deposited and the court is currently proceeding with the distribution procedure. The plaintiff can receive some of the money in the above distribution procedure, so that the plaintiff's claim is unjust.

On the other hand, even if the defendant's argument is based on the defendant's argument, the distribution procedure is in progress, and the plaintiff is not paid a part of the construction cost by receiving the actual distribution, and thus the defendant's argument

3. Conclusion is decided as per Disposition.

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