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Reasons
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(영문) 울산지방법원 2015.10.30 2014가단33009
공사대금
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1. The Defendant’s KRW 54,326,690 as well as the Plaintiff’s KRW 20% per annum from January 6, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company running aggregate sales, etc. in Ulsan-gu, Ulsan-ro 29, 401 (Ulju-dong). The Defendant is a company running construction business, etc. in Daegu-dong, Daegu-ro 42,209 (Application Dong-dong).

B. Upon receipt of a request from the Defendant for soil and sand transport, the Plaintiff completed the transport work, etc.: ① (i) on September 30, 2013; (ii) on October 14, 2013; (iii) on October 31, 2013; (iv) on December 31, 2013, KRW 13,860,00; and (v) on December 11, 2013, KRW 41,70,000 on the same day; and (vi) on the same day, KRW 6,815,00 on the aggregate of KRW 124,37,90 on the same day (hereinafter referred to as “separate transport”).

C. The Plaintiff was not paid KRW 54,326,690 from the Defendant.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleading

2. The assertion and judgment

A. According to the above facts of recognition, the defendant is obligated to pay the transport price of KRW 54,326,690 and delay damages to the plaintiff.

B. As to this, the defendant agreed with the plaintiff to settle the transport cost, and argued that the transport cost should be reduced due to some unfair acts committed by the plaintiff, but there is no evidence to acknowledge this.

C. Therefore, the Defendant is obligated to pay to the Plaintiff 54,326,690 won and damages for delay calculated at the rate of 20% per annum from January 6, 2015 to September 30, 2015, which is the day following the delivery date of a copy of the instant complaint sought by the Plaintiff, and 15% per annum from the next day to the day of full payment under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is reasonable.

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