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(영문) 대전지방법원 서산지원 2018.04.24 2017가단5572
공사대금
Text

1. The Defendant’s KRW 115,00,000 and the Plaintiff’s annual rate of KRW 5% from July 1, 2017 to April 24, 2018, and the following.

Reasons

Comprehensively taking account of the respective descriptions and the purport of the arguments in Gap evidence Nos. 1 and 6, it is recognized that the plaintiff entered into a contract with the defendant for supply of and demand for the reinforcement soil at Seosan City, on March 2017, and the plaintiff demanded the defendant to pay the construction cost by April 2017, the defendant prepared a written confirmation that the construction cost of KRW 135 million shall be paid by June 30, 2017 (hereinafter referred to as "written confirmation of this case") around May 2017, and thereafter the defendant paid only KRW 20 million, and the remainder of KRW 115 million shall not be paid.

Comprehensively taking account of the above facts of recognition, the Defendant is obligated to pay the Plaintiff the amount of KRW 115 million payable and the damages for delay from July 1, 2017 following the date of the payment of the instant confirmation document (the Plaintiff claimed payment of the damages for delay from April 30, 2017, but there is no evidence to acknowledge the initial payment date until April 29, 2017) calculated at the rate of 5% per annum as stipulated in the Civil Act until April 24, 2018, which is the date of this judgment, and the damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the following day to the date of the payment.

In this regard, the defendant asserts that the letter of confirmation of this case is merely prepared for confirmation of estimate, and that the construction cost shall be paid with an adequate profit to the actual input.

However, considering the fact that the Defendant requested the Plaintiff to pay the construction cost and prepared the instant confirmation document clearly stating that the construction cost is KRW 135 million, and that the method of determining the construction cost asserted by the Plaintiff is not only an exceptional method, but also the method of determining the reasonable profit of the Plaintiff, the construction cost of this case is at least KRW 135 million around the time when the instant confirmation document is prepared.

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