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(영문) 서울중앙지방법원 2016.11.11 2016가단5060665
공사대금
Text

1. The Defendant: (a) KRW 41,750,000 for the Plaintiff and KRW 6% per annum from February 18, 2016 to November 11, 2016; and (b) the Plaintiff.

Reasons

1. The construction title construction period No. 1 C: (a) from July 27, 2015 to August 17, 2015; (b) from July 27, 2015 to August 25, 2015 to August 3, 2015; and (c) from October 1 to October 4, 2015 to October 13, 2015; and (d) from November 17, 2015 to November 5, 2015 to November 17, 2015; and (e) from October 20 to October 6, 2015 to November 17, 2015 to November 17, 2015 to November 17, 2015.

The Plaintiff, “B,” is a person operating the interior firm, and around May 2015, the Plaintiff contracted the Defendant’s franchise branch with each construction work as indicated below and completed each construction work.

The accounts payable for the construction work title KRW 1 C point 13,50,000 KRW 6,750,000 KRW 6,750,000 KRW 2 D point 13,750,000 KRW 6,750,000 KRW 6,250,000 KRW 3 E point 13,000,000 KRW 6,750,000 KRW 6,250,500 KRW 40,50,000 KRW 5,50,000 KRW 5,00,000 KRW 5,00,000 KRW 5,000 KRW 5,00,000 KRW 6,750,750,000 KRW 5,000, KRW 5,0000, KRW 250,0000 KRW 6,000, KRW 005,005 KRW 7,005 won.

B. The Defendant paid the Plaintiff the construction amount of each “construction cost” as indicated in the following table.

[Ground for Recognition: Facts without dispute, Gap evidence 1-1, 2, 3, each entry of evidence of subparagraphs 4 through 10, and the purport of whole pleadings]

2. Determination

A. (1) According to the determination as to the cause of the claim (1) above, the defendant is obligated to pay to the plaintiff the amount of construction payment of KRW 41,750,00 ( KRW 91,00,000 - KRW 49,250,00) and damages for delay calculated at the rate of 15% per annum per annum from February 18, 2016, the day following the delivery date of a copy of the complaint of this case, which is deemed reasonable for the defendant to dispute the existence and scope of the obligation, until November 11, 2016, which is the date of the decision of this case, and the day following the day of complete payment.

(2) As to the construction cost, the Plaintiff is as follows: C points KRW 14,00,00; D points KRW 13,50,000; KRW 13,500,00 for E points; KRW 11,000 for F points; KRW 12,100,000 for G points; KRW 12,100,000 for G points; and KRW 14,60,000 for H points.

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