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(영문) 수원지방법원 2020.02.05 2019가단25437
공사대금
Text

1. The Defendant’s KRW 106,984,486 for the Plaintiff and 5% per annum from February 26, 2019 to October 10, 2019 for the Plaintiff.

Reasons

Comprehensively taking account of the overall purport of the statements and arguments set forth in Gap evidence 1 through 7 (including virtual numbers), the plaintiff was awarded a contract from the defendant on October 19, 2018 for funeral construction among the new construction works of Echeon-si, and the plaintiff was also awarded an additional construction work at the defendant's request during the above construction work. ② The plaintiff completed each of the above construction works on February 25, 2019 and delivered the construction site to the defendant; ③ the construction cost for each of the above construction works is KRW 159,112,80 (including value added tax, KRW 14,648,00 x 14,648,00) plus value added tax for KRW 14,68,00 (including value added tax, KRW 148,00) and KRW 5,610,624 value added tax, and the fact that the plaintiff still remains after being paid the construction cost plus KRW 168,616,6816,6486).

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 106,984,486 won and the damages for delay at the rate of 5% per annum as stipulated in the Civil Act from February 26, 2019, which is the day following the completion date of construction, to October 10, 2019, the delivery date of a copy of the complaint in 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 complete

(1) The Defendant is liable for delay from February 26, 2019 on the day following the completion date of construction. As such, the Plaintiff’s claim for delay damages as of February 25, 2019 is rejected. The Plaintiff’s claim is justified within the scope of the above recognition, and the remainder of the claim is dismissed as it is without merit. It is so decided as per Disposition.

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