logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.12.06 2018가합161
물품대금
Text

1. As to the Plaintiff’s KRW 674,589,00 and KRW 517,393,00 among them, the Defendant shall pay to the Plaintiff KRW 157,196,00 from May 3, 2018.

Reasons

1. Basic facts

A. On October 1, 2014, the Plaintiff and the Defendant concluded a contract with the effect that the Plaintiff will pay the remainder 95% of the construction cost to the Plaintiff (hereinafter “instant contract”) for the execution cost, after deducting an amount equivalent to 5% of the construction cost of the said mald repair (the repair cost that the Defendant received from the male fishing) from the male repair cost.

(A) No. 11. In other words, the instant contract has the same structure as the so-called “paid installment contract”.

B. That the Defendant’s failure to pay the price under the instant contract, the Plaintiff performed the diversity repair work ordered by the gold bullion pursuant to the instant contract.

However, as stated in the table from October 2017 to April 2018, the Defendant did not pay the Plaintiff the repair cost to be paid under the instant contract.

(Evidence Nos. 1 to 8). Period of 2017 - October 2017 - December 385, 2017 - December 385, 763,000 - December 018 - December 131, 2018 - October 157, 196,00 in total 674,589,000 / [based on recognition] of April 157, 2018; the fact that there is no dispute over the dispute; the entry of evidence No. 1 to 8, 11, and the purport of the whole pleadings;

2. According to the facts stated in Paragraph 1 of the judgment on the cause of the claim, the Defendant, as to the sum of KRW 674,589,00 which was not paid to the Plaintiff out of the repair cost to be paid under the instant contract, and KRW 517,393,00 among them, shall be the rate of KRW 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which the Plaintiff seeks from May 3, 2018 (the following day after a copy of the claim and the application for modification of the cause of the claim was served as of April 5, 2018), 157,196,000, which was sought by the Plaintiff after the date of completion of repair under the instant contract, from July 4, 2018 (the following day after the delivery of a copy of the claim and the application for modification of the cause of the claim as of June 28, 2018) to the

arrow