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(영문) 인천지방법원부천지원 2016.10.27 2016가단109538
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 27,50,000 and the interest rate of KRW 15% per annum from July 16, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. A around April 2014, around 2014, entered into a construction contract on the installation of a heading and a tent in the Defendant’s business place located in the Seongdong-gu, Ansan-si, Sungsan-si.

B. A completed the above construction, but the Defendant paid the remainder of the construction cost of KRW 61,200,000 out of KRW 91,300,000 and did not pay the construction cost.

C. On June 22, 2016, A transferred the claim amounting to KRW 27,500,000 among the claim for construction payment payable to the Plaintiff, and notified the Defendant of the fact of transfer.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 10, purport of whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the acquisition amount of KRW 27,500,000 and delay damages.

B. The Defendant alleged that there was a defect in the construction of this case completed by A, but did not prove any specific defect in the construction of this case and any assertion about the defect repair amount, etc., so this part of the Defendant’s assertion is without merit.

C. The Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from July 16, 2016 to the day of full payment, which is the day following the delivery of a copy of the instant complaint, to the day of full payment.

3. The plaintiff's claim for conclusion is justified and acceptable.

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