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(영문) 광주지방법원 2015.03.26 2014가단49420
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 25 million with the interest rate of KRW 20% per annum from October 21, 2014 to the day of complete payment.

Reasons

1. According to the purport of each of the statements and arguments set forth in subparagraphs A through 3, the Plaintiff is obligated to pay the Plaintiff the construction cost of KRW 25 million and the damages for delay thereof, barring any special circumstance, on December 5, 2013, for the following reasons: (a) the Plaintiff received a contract from the Defendant for the “ground Repair Works” in the “Nando 17 EMY-MYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

2. As to this, the Defendant asserts that, according to the terms and conditions of the construction contract entered into between the Plaintiff and the Plaintiff, the Defendant would pay to the Plaintiff on the day following the date when the direct payment was received from the original office, and that, as the claim distribution procedure is underway, the Defendant is merely obligated to pay the construction cost to the Plaintiff on the day following the receipt of the dividend payment.

According to the terms and conditions of the construction contract concluded between the Plaintiff and the Defendant, the fact that the Defendant would pay the construction price in this case to the Plaintiff on the day following the date when the Defendant was paid the price by the original office without dispute between the parties. However, if the claim distribution procedure is in progress, it shall be deemed that the Defendant could not be paid the construction price at will from the original office, and it is reasonable to deem that the period of non-determination has arrived.

The defendant's above assertion is without merit.

3. If so, the Defendant is at the rate of 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 21, 2014 to the date of full payment, which is the day following the date of completion of construction and following the date of completion of construction for the Plaintiff.

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