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(영문) 대구지방법원김천지원 2015.10.29 2015가단2610
공사대금
Text

1. The Defendant’s KRW 26,00,000 as well as 5% per annum from April 8, 2015 to October 29, 2015 to the Plaintiff.

Reasons

1. According to the purport of Gap evidence Nos. 1 through 4 of the judgment as to the cause of the claim and the purport of the entire pleadings, the plaintiff was awarded a subcontract for the waterproof Construction Work with respect to Llering-gun C and D materials lending and studio constructed by the defendant from the defendant on December 20, 2014. The plaintiff completed the construction, but was not paid the construction price of KRW 26 million.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the construction price of KRW 26 million and the delay damages calculated at the rate of 5% per annum under the Civil Act from April 8, 2015 to October 29, 2015, which is the date following the agreed date to which the defendant delivered the original copy of the instant payment order from March 19, 2015, to October 29, 2015, which is the date when the judgment of this case is rendered, for the existence and scope of the defendant's obligation to perform, as the plaintiff seeks, from April 8, 2015 to the date following the agreed date.

In this regard, the defendant argued that the plaintiff should claim the payment of the construction cost of this case to E since the defendant ordered the construction work of this case to E and paid all the construction cost to E, but it is not accepted the defendant's assertion without any evidence to acknowledge it.

2. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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