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(영문) 수원지방법원안산지원 2020.11.27 2020가단75241
공사대금
Text

The defendant's KRW 31,00,000 and its interest to the plaintiff shall be 5% per annum from July 1, 2019 to August 27, 2020.

Reasons

1. Facts of recognition;

A. The Defendant is the owner of a new urban-type housing construction project located in D in Sungsung City.

B. On March 2016, the Plaintiff performed the unclaimed construction works (total construction cost of KRW 50 million) in the Newly constructed construction project, and received only KRW 20 million as the construction cost.

C. On March 24, 2019, the Defendant issued and delivered a written statement of non-assignment to the effect that the Plaintiff would pay KRW 31 million, which is the balance of the funeral project, to the Plaintiff by June 30, 2019.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff 31 million won and 5% per annum as stipulated in the Civil Act from July 1, 2019 to August 27, 2020, the delivery date of a copy of the application for the payment order of this case, and 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

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

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