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(영문) 서울서부지방법원 2017.11.03 2017가단15150
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 69,690,000 and the interest rate of KRW 15% per annum from August 10, 2017 to the day of complete payment.

Reasons

1. On April 14, 2016, the Plaintiff entered into a contract with the Defendant on the supply of and demand for light capacity construction among the hotel model housing construction works, and entered into a contract on June 14, 2016 on the supply of and demand for light capacity construction among the hotel model housing construction works (hereinafter “instant two contracts”) and completed all of the construction works.

The main contents of each contract of this case are as follows.

Construction amount: Settlement after completion of construction

(b) Payment of the cost of construction: In the case of the selection of the relevant subcontractor-type enterprise of the small B hotel construction project, the plaintiff shall be an enterprise subject to preferential negotiations after explaining the field, and when concluding a subcontract, the subcontract shall be entered into including the model cargo construction cost, but it shall be paid 1.5 times the relevant construction cost when the subcontractor does not be selected as the subcontractor;

(Article 2(5) of the Construction Agreement. On May 29, 2017, the Defendant drafted a letter of undertaking to pay to the Plaintiff the amount of KRW 69,690,000,00 with the settlement amount related to each of the instant contracts, which shall be paid in four installments as follows: (a) if the obligation to pay the amount is delayed once, the payment shall lose the benefit of the deadline and shall pay the total amount of the amount payable and the damages for delay calculated at the rate of 15% per annum from the day following the day of delay until the day of full payment (hereinafter “instant letter of undertaking”).

Payment of KRW 24,690,000 by June 30, 2017

(b) payment of KRW 15,000,000 by July 30, 2017;

(c) payment of KRW 15,000,000 until August 30, 2017;

D. By September 30, 2017, the Defendant paid KRW 15,000,000,000, not later than September 30, 2017, did not perform the obligation to pay the money under the instant undertaking.

[Grounds for Recognition: Facts without dispute, entries in Gap evidence 1 and 2 (including paper numbers), the purport of the whole pleadings]

2. According to the above facts of determination as to the cause of the claim, the defendant's 69,690,000 won and this shall apply to the plaintiff according to the instant undertaking.

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