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(영문) 의정부지방법원 2015.09.01 2014가단45454
공사대금
Text

1. The Defendant (Appointed Party) shall pay to the Plaintiff KRW 55,281,00 as well as the interest rate from December 17, 2014 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in advertising materials production work under the trade name of “F,” and Defendant B is a person engaged in artificial fishery in the trade name of “G,” and H is a person who owns a house of 96.56 square meters located in Ansan-si, and Defendant B is the mother of Defendant B.

B. From May 4, 2012 to January 13, 2013, the Plaintiff was awarded a subcontract for construction work of KRW 74,281,00 in the total amount of eight construction cost in the eight location, including the production and installation work of J private goods, the production and installation work of the private person in K Hospital, and the construction work of an prefabricated-type detached house, and received payment of KRW 19,00,000 from Defendant B.

C. In particular, the Plaintiff was awarded a subcontract for the construction work of KRW 26,180,00 (hereinafter “instant construction work”) to Defendant B, among the 8 sites above, the prefabricated-type housing construction work that Defendant B was contracted by H and is executed by H (hereinafter “instant construction work”), but was not paid the construction cost.

H The deceased died on January 15, 2015, and the deceased’s heir C, the son who is her husband, D, Defendant B, and C, the South-North son, and C, the South-North son, were selected on May 21, 2015. The deceased’s heir was tried to waive inheritance on May 21, 2015.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 5 (including the number of each class) and the purport of whole pleading

2. According to the fact that Defendant B’s obligation to pay the construction cost was acknowledged, Defendant B, as a contractor, is obligated to pay the Plaintiff the remainder of the construction cost of KRW 55,281,00 (i.e., total construction cost of KRW 74,281,00,000) and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 17, 2014 to the day of full payment, which is the day following the date of service of the copy of the complaint of this case sought by the Plaintiff, after the completion of construction work at the 8th place.

3. Determination as to claims filed against Appointors C, D, and E

(a) A subcontract;

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