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(영문) 창원지방법원마산지원 2015.10.14 2015가단3788
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 27,00,000 as well as 20% per annum from June 6, 2015 to the day of complete payment.

Reasons

1. The assertion and judgment

A. The Plaintiff’s assertion was made by the Defendant with a contract for the removal of factory C located in Seongbuk-gu, Changwon-si (hereinafter “instant construction”) for KRW 20 million, and the additional construction (hereinafter “instant additional construction”) was awarded a contract for the said construction cost of KRW 7 million. Thus, the Defendant is obligated to pay the said construction cost of KRW 27 million to the Plaintiff.

B. The Defendant alleged that the instant construction was awarded to D, and D was awarded a subcontract to F who operated E, and F was awarded a sub-subcontract to the Plaintiff, and the Defendant paid the construction cost under the contract with D and thus, the Defendant did not have the obligation to pay the construction cost to the Plaintiff.

C. According to the overall purport of each of the statements and arguments and evidence Nos. 1 through 7, 1 through 4, 5, and 6, the Plaintiff concluded a contract with the Defendant for the instant construction work at KRW 20 million on November 3, 2014, and KRW 7 million on December 15, 2014, with each of the instant additional construction work at KRW 7 million on or before January 2015, and it was recognized that the instant construction work was completed prior to the completion of the instant construction work, and the evidence submitted by the Defendant alone lacks to reverse the recognition, and there is no counter-proof otherwise.

Therefore, the defendant shall pay to the plaintiff 27 million won and damages for delay calculated by the rate of 20% per annum from June 6, 2015 to the day following the delivery day of a copy of the complaint of this case filed by the plaintiff, which is the day of complete payment.

2. Conclusion, the plaintiff's claim is justified.

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