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(영문) 서울남부지방법원 2015.04.22 2014가단17743
공사대금
Text

1. The Defendant’s KRW 64,421,312 as well as the Plaintiff’s annual rate of KRW 5% from January 1, 2009 to July 13, 2014.

Reasons

Comprehensively taking account of the purport of the entire arguments in the evidence Nos. 1 and 2-1, 2, and 1 of the evidence Nos. 1 and 2-2, the Plaintiff entered into a contract with the Defendant for the Land and Exchange Corporation (hereinafter “instant construction”) on November 1, 2008 and entered into the construction from December of the same year until December of the same year. The Defendant agreed to pay the Plaintiff an amount equivalent to 120% of the expenses incurred in carrying out the instant construction to the construction cost. The Plaintiff’s input of the instant construction cost (= KRW 53,684,427 as of November 30, 2008) is the total cost of KRW 53,684,427 (= KRW 40,056,456 as of December 1, 2008).

According to the above facts of recognition, the defendant is obligated to pay the plaintiff the construction cost of KRW 64,421,312 (=53,684,427 x 120 %) and damages for delay at each rate of 5% per annum prescribed by the Civil Act from January 1, 2009 to July 13, 2014, which is the delivery date of a copy of the complaint of this case, and 20% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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