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(영문) 서울북부지방법원 2016.07.15 2015가단42640
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 73,681,416 and the interest rate of KRW 15% per annum from February 19, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On or before February 23, 2012, the Plaintiff received a subcontract for construction cost of KRW 1,318,020 (including value-added tax; hereinafter the same shall apply), KRW 15,784,894, and KRW 2,247,960, respectively, around March 26, 2012 from the Defendant and completed the said construction work on or before April 1, 2012, and received payment from the Defendant four times from May 22, 2015 to December 30, 2012 in total as construction cost.

B. On March 5, 2012, the Plaintiff was awarded a subcontract for construction work in KRW 2,679,050 from the Defendant and completed the said construction work. Around December 21, 2012, the Plaintiff was paid KRW 1,500,000 as the construction price on December 21, 2012.

C. Around November 6, 2012, the Plaintiff was awarded KRW 25,631,39, and the construction cost of KRW 1,553,200, respectively, on or around December 28, 2012, and completed the said construction work on or around May 15, 2013. From May 3, 2013 to September 3, 2014, the Plaintiff received KRW 19,00,000,000, respectively, as the construction cost, from the Defendant for seven occasions during the period from May 3, 2013 to September 3, 2014.

On May 24, 2013, the Plaintiff was awarded a subcontract for construction cost of KRW 20,716,872 from the Defendant in order to complete the said construction work around September 10, 2013.

E. Around August 30, 2014, the Plaintiff was subcontracted with the Defendant for construction cost of KRW 24,756,645, and completed the said construction work on or around February 28, 2015. Around September 26, 2014 to February 5, 2015, the Plaintiff received KRW 21,851,665, total construction cost from the Defendant, on seven occasions, from September 26, 2014 to February 5, 2015.

F. Around August 30, 2014, the Plaintiff received a subcontract from the Defendant for construction cost of KRW 5,608,460, and completed the said construction work around September 20, 2014. The Plaintiff received KRW 4,00,000,000 from the Defendant as the construction cost on October 3, 2014.

G. On September 22, 2014, the Plaintiff received a subcontract from the Defendant for a glass construction work in the amount of KRW 6,156,865, and completed the said construction work on November 10, 2014. The Plaintiff paid KRW 5,00,000 as the construction price on October 23, 2014 from the Defendant.

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