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(영문) 수원지방법원 2019.06.25 2018가단531010
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 68,982,90 and the interest rate of KRW 15% per annum from October 26, 2018 to the day of full payment.

Reasons

1. Determination on the cause of the claim

A. The facts following the facts of recognition do not conflict between the parties, or are recognized in full view of the evidence Nos. 1 to 10, Eul's evidence No. 1 and Eul's testimony as a whole.

① Around September 2017, the Plaintiff was awarded a contract on November 30, 2017 with the construction cost of KRW 157,500,000 (i.e., KRW 4,500,000 per square x 35 square x 35 square x), and the construction period of November 30, 2017.

The instant corporation was jointly contracted by the Defendant and FF, and F is not the Defendant of the instant case, thereby omitting the description thereof.

② During the instant construction project, the Plaintiff had a dispute with the Defendant regarding the instant construction project, and around February 5, 2018, the Plaintiff reversed the instant construction contract with the Defendant, and the Defendant agreed to pay the Plaintiff KRW 119,000,000 to the amount payable to the Plaintiff by April 30, 2018.

(3) On May 18, 2018, the Plaintiff and the Defendant agreed to pay the amount of the instant construction account by May 31, 2018 (hereinafter “instant agreement”).

④ Around June 4, 2018, the Plaintiff transferred KRW 40,000,000 to E out of the amount payable for the instant construction project, and notified the Defendant of the said transfer.

B. According to the above facts of determination, the Defendant calculated 68,982,900 won after deducting 40,000,000 won from the amount payable to the Plaintiff for the instant construction project from the amount payable to the Plaintiff, and damages for delay calculated by 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 26, 2018 to the date of delivery of the application for modification of the purport of the instant claim and the cause of the claim.

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