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(영문) 수원지방법원안산지원 2016.11.09 2016가단66592
공사대금
Text

1. The Defendant’s KRW 23,435,00 for the Plaintiff and 6% per annum from January 1, 2016 to September 7, 2016, and the following day.

Reasons

1. The Plaintiff entered into a contract with the Defendant to carry out landscaping facilities and planting construction works of MIM Co., Ltd. on behalf of the Defendant. However, the Defendant continued to engage in a long-term transaction with the Defendant, without receiving down payment, and the Defendant began landscaping construction works ordered by the Defendant from October 10, 2015, and the construction is to receive the construction cost upon completion of the construction works.

After the commencement of October 2015, the Plaintiff completed landscaping and planting on December 31, 2015. However, the Defendant delegated the Plaintiff with all rights and obligations regarding landscaping and planting, the Defendant, despite having delegated the Plaintiff with all rights and obligations regarding landscaping and planting, paid the Plaintiff a total of KRW 5,00,000 out of KRW 28,435,00,000, and paid the remainder on the following day.

2. Article 208 (3) 1 of the Civil Procedure Act:

3. A claim for delay with 15% per annum of the rejection of a partial claim can be filed from the day following the date when a duplicate of the complaint under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was served on the defendant. Thus, a claim for delay exceeding the commercial interest rate of 6

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