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(영문) 서울중앙지방법원 2015.08.21 2014가단238148
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 25,882,655 and the interest rate of KRW 20% per annum from October 17, 2014 to the day of full payment.

Reasons

1. On October 28, 2013, the Plaintiff was awarded a contract with the Defendant for the construction site B at the Goyang-si, Gyeonggi-do, and on April 8, 2014, for the total construction cost of KRW 80,632,655, and completed the construction on May 24, 2014.

The defendant paid KRW 54,750,000 among the above construction costs, and did not pay the remainder KRW 25,882,655.

[Grounds for Recognition: Evidence Nos. 1 through 5, the purport of the whole pleadings]

2. Determination

A. The Defendant is obligated to pay the Plaintiff the remainder of the construction cost of KRW 25,882,655 as well as the amount calculated by applying the rate of 20% per annum from October 17, 2014 (the date following the delivery date of the original copy of the instant payment order, as the Plaintiff seeks, shall be the initial date from which the payment was made) to the date of complete payment (the date following the delivery date of the original copy

B. The defendant asserts that "the defendant has given a subcontract for each of the above construction works to D, and again that D has given a sub-subcontract to the plaintiff. There is no contractual relationship with the defendant and the plaintiff with respect to each of the above construction works, and the plaintiff cannot claim the construction price to the defendant."

However, the defendant's assertion cannot be accepted in light of the above facts.

3. citing the Plaintiff’s claim.

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