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(영문) 대전지방법원 2015.11.12 2015가단19138
공사대금
Text

1. The Defendant’s KRW 61,048,791 as well as the Plaintiff’s KRW 20% per annum from May 5, 2015 to September 30, 2015, and thereafter.

Reasons

In full view of the purport of the argument in Gap evidence No. 1, the non-party 1 corporation (hereinafter "non-party 1 corporation") confirmed on October 23, 2014 that the debt based on the judgment of the construction cost case No. 201363, Oct. 23, 2014 was KRW 71,048,791 in this court. Of them, the 10,000,000 won was until October 23, 2014; the 35,000,000 won was paid until November 28, 2014; the remaining balance was paid until December 30, 2014; the defendant jointly and severally guaranteed the debt owed by the non-party company to the plaintiff; and the non-party company paid KRW 10,000,000 to the plaintiff.

According to the above facts, the defendant is obligated to pay to the plaintiff the remainder of 61,048,791 won (=71,048,791 won - 10,000,000 won) and the damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from May 5, 2015 to September 30, 2015, which is obvious from the next day to the day of full payment.

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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