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(영문) 수원지방법원여주지원 2019.07.03 2019가단51166
공사대금
Text

1. The Defendant’s KRW 35,143,400 as well as its annual 15% from January 19, 2019 to May 31, 2019 to the Plaintiff.

Reasons

1. According to Gap's evidence Nos. 1-7 and the purport of the argument as to the cause of the claim, the plaintiff completed each painting work among the G-related construction works in Ansan-si F, for which the defendant entered into a contract with the defendant, and completed each painting work, and the plaintiff received 68,096,000 won out of the total construction cost of each painting work from the defendant.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 35,143,400 won (103,239,400 won - 68,096,000 won) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from January 19, 2019 to May 31, 2019, as requested by the plaintiff, following the service date of the copy of the complaint of this case (an authenticated copy of the payment order) and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

[The claim for the payment of damages for delay exceeding 12% per annum since June 1, 2019 pursuant to the amended provision on statutory interest rate under Article 3(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings is dismissed] 2. The defendant's claim as to the defendant's claim is asserted to the purport that the above liability for each painting construction work against the plaintiff does not amount to KRW 35,143,400 at present.

In addition to the Defendant’s repayment of KRW 68,096,00 to the Plaintiff, there is no evidence to prove that the Defendant paid the above amount of each painting work cost, and thus, the Defendant’s assertion is not acceptable.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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