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(영문) 광주지방법원 2018.06.29 2017가단513144
공사대금
Text

1. Defendant B: 3,00,000 won to the Plaintiff (Counterclaim Defendant) and 5% per annum from February 3, 2016 to February 24, 2017.

Reasons

I. As to the principal claim

1. Basic facts

A. Defendant B (i) around December 22, 2015, and Defendant B (hereinafter “the head of the instant delivery”) between the Plaintiff and the head of the North Chang-gun E located in Jeon Chang-gun (hereinafter “the head of the instant delivery”).

3) The construction project for the partition of domination (hereinafter “the construction project of this case”)

As to the construction period, from December 30, 2015 to January 7, 2016, the construction cost was determined as KRW 3,000,000, and the construction contract was concluded. 2) The Plaintiff completed the construction project on January 2016.

B. Defendant D (i) around December 26, 2015, with the Plaintiff on and around December 26, 2015, installed the pipeline facilities construction of this case between the Plaintiff and the Plaintiff (hereinafter “instant secondary construction”).

As to the construction period, from December 30, 2015 to February 20, 2016, the construction contract was concluded by setting the construction cost of KRW 30,000,000. 2) The Plaintiff completed the instant 2 construction project, excluding the installation of a melting season on February 3, 2016, and Defendant D did not supply the melting machine to supply the melting machine at the construction site.

3) The percentage of the construction of the above melting season is about 10% of the entire construction process of the instant 2nd construction (around 3 million won of the installation cost). Meanwhile, Defendant D paid KRW 20,000,000 to the Plaintiff around January 23, 2016.

[Reasons for Recognition] Gap evidence Nos. 1 through 6, 8 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, Defendant B is obligated to pay to the Plaintiff 3,00,000 won and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from February 3, 2016 to February 24, 2017, the delivery date of the original copy of the instant payment order, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment. (2) The Plaintiff is jointly and severally with Defendant B to the Defendant corporation.

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