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(영문) 의정부지방법원고양지원 2020.05.13 2019가단10999
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 36,518,680 and the interest rate of KRW 12% per annum from August 29, 2019 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. On April 2019, the Plaintiff is deemed to have established a new structure installation work from the Defendant during the new installation work (hereinafter “first installation work”).

(2) Around June 21, 2019, the Plaintiff continued work with a contract for the installation of a facility (hereinafter “second installation”) from the Defendant for KRW 30,250,000 for KRW 34,650,00 for the construction cost, and completed the first construction work on or around June 21, 2019. (2) Around June 2019, the Plaintiff completed the second construction work on or around June 21, 2019.

3) The Plaintiff received payment of KRW 32,285,00 in total,00,00,00 on July 25, 2019, and KRW 22,285,00 on July 31, 2019, as the first payment for the construction work from the Defendant. The Plaintiff was paid KRW 32,285,00 in the amount of KRW 10,000 on July 31, 2019. The Plaintiff did not have any dispute as to the ground for recognition. 【The fact that there is no dispute, Party A’s evidence

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum from August 29, 2019 to the day of full payment, which is the day following the day when the copy of the complaint in this case was served to the Defendant, as set forth in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, as to the construction cost of KRW 30,250,000 for the second construction cost of KRW 38,553,680 for the first construction cost of KRW 30,250 for the second construction cost of KRW 10,000 for the first construction cost of KRW 12,285,00 for the first construction cost of the second construction payment) and as to this,

2. The plaintiff's claim for conclusion is justified, and it is so decided as per Disposition.

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