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(영문) 서울남부지방법원 2019.04.24 2018가단264790
공사대금
Text

1. The Defendant shall pay KRW 51,526,00 to the Plaintiff at the rate of KRW 15% per annum from November 27, 2018 to the date of full payment.

Reasons

1. On September 28, 2016, the Plaintiff’s judgment on the Plaintiff’s claim determined “D Corporation” from the Defendant as KRW 92,180,00,000 and completed the said construction work on or around January 2017 may be recognized by comprehensively taking account of the entire purport of the pleadings, or the fact that the Plaintiff received KRW 40,654,000 out of the construction price from the Defendant.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the amount of KRW 51,526,00 (i.e., KRW 92,180,00 - KRW 40,654,00) and damages for delay at the rate of KRW 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from November 27, 2018 to the date of full payment, following the day when the original copy of the instant payment order was served on the Defendant.

2. The defendant's assertion that the defendant did not pay the construction price to the plaintiff because it was not paid the construction price by E Co., Ltd., the original contractor, but the above assertion does not constitute a justifiable ground for refusing the plaintiff's claim. Therefore, the above argument is without merit.

3. Conclusion, the plaintiff's claim of this case is accepted as reasonable.

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