logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.06.05 2014가단73677
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 37,861,176 and the interest rate of KRW 20% per annum from December 2, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On October 14, 2013, the Plaintiff engaged in manufacturing and construction business, such as windows, etc., with the trade name of “C”, concluded a contract with the Defendant for the printing center construction work and the equipment construction work (hereinafter “D”) among new construction works, such as the building Adong, etc., located in D and one parcel of land, and the printing center construction work and the equipment construction work for the building located in E (hereinafter “E”) in the original city, and completed each of the above construction works (hereinafter “each of the instant construction works” by adding D and E”).

B. On June 20, 2014, the Defendant issued to the Plaintiff a written confirmation of the client’s balance of the construction cost related to each of the instant construction works, which verified that the balance of the construction cost is KRW 37,861,176, and issued it to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2-1 through 4, 3-2 of evidence Nos. 2-1, 2-2 (Transaction's Balance Certificate, defendant's remaining balance certificate is made using the defendant's old situation where approval for use is required to obtain approval of use after obtaining a certificate of completion inspection from the plaintiff, and thus, it is not valid. However, the entry of evidence No. 1 alone is insufficient to recognize it, and there is no other evidence to acknowledge it) and the purport of whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 37,861,176, and damages for delay at the rate of 20% per annum from December 2, 2014 to the date following the delivery date of a copy of the complaint sought by the Plaintiff, except in extenuating circumstances.

3. Judgment on the defendant's assertion

A. The Defendant alleged that the Plaintiff did not contract each of the instant construction works to the Plaintiff, but did not contract each of the instant construction works to the Plaintiff, and thus did not have contracted each of the instant construction works to the Plaintiff. As such, the Plaintiff did not have any obligation to pay the construction cost to the Plaintiff. Even if the Plaintiff performed each of the instant construction works upon introduction of F, the construction cost

arrow