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(영문) 대전지방법원 2017.09.28 2016가단221785
구상금
Text

1. The Plaintiff:

A. The studio machinery and equipment of Defendant Co., Ltd. are KRW 4,972,00 for 4,972,00 and for that, from July 15, 2015 to October 2016.

Reasons

1. Determination on the cause of the claim

A. On January 16, 2014, the Plaintiff is deemed the Special Self-Governing City Special Self-Governing City and the Sejong Special Self-Governing City Special Self-Governing City for the New Construction of Sejong Science and Arts Schools (hereinafter “instant Construction”).

(2) On April 2014, the Plaintiff and the Defendants agreed to share the temporary electrical equipment and electricity usage fees that were disbursed for the instant construction in accordance with the subcontract amount of each of the instant construction works. The Defendants agreed to share the cost of construction works and electricity usage fees that were disbursed for the instant construction in accordance with the subcontract amount of each of the instant construction works.

3) The Defendants did not pay the temporary electrical equipment and electricity usage fees distributed in proportion to the subcontract amount for each business company. The time when the Plaintiff paid the Defendants on behalf of the Defendants, the equipment and electricity usage fees for the Defendants are as follows. The Defendant of this studio Equipment Co., Ltd.: (a) KRW 7,070,000 on April 30, 2014, KRW 638,000,000 on July 352, 2014; (b) KRW 1,309,000 on the aggregate of KRW 1,309,000 on January 5, 2015; (c) KRW 9,072,000 on June 17, 2015; (d) the Plaintiff received from the Defendants on June 30, 2015 the remainder of the usage fees for the electrical equipment and electricity paid by the Plaintiff on behalf of the Defendants; and (d) the Plaintiff did not receive the payment from the Defendant Co., Ltd. (30, Ltd.).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 7, the purport of the whole pleadings

B. According to the above facts of determination, the defendant corporation is obligated to pay the plaintiff the amount of KRW 4,972,00 for the equipment and electricity fee of KRW 4,972,00 that the plaintiff paid on behalf of the plaintiff, and the damages for delay calculated at the rate of 6% per annum under the Commercial Act from July 15, 2015 to October 19, 2016, which is the delivery date of a copy of the complaint against the above defendant, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of complete payment.

In addition, Defendant.

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