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(영문) 광주지방법원 2021.03.16 2020가단8086
공사대금
Text

The defendant shall pay to the plaintiff KRW 108,200,000 per annum from September 23, 2017 to May 28, 2020 and the next day.

Reasons

1. Facts of recognition;

A. On July 10, 2017, the Plaintiff entered into a subcontract (hereinafter “the instant construction contract”) with C Co., Ltd. (hereinafter “Non-Party Company”), and with respect to construction works among the construction works of a new construction project of the building on the Jeju-gu D ground (hereinafter “instant building”) contracted by the Defendant, the Plaintiff entered into a subcontract with the Non-Party Company for the construction period from July 11, 2017 to August 30, 2017 (hereinafter “the instant construction contract”).

B. On July 6, 2017, the Plaintiff, the Nonparty Company, and the Defendant agreed to pay the construction cost to the Plaintiff directly to the Plaintiff under the instant construction contract. Accordingly, the Defendant paid the Plaintiff the total sum of KRW 191,800,000 (including the labor cost paid by the Plaintiff in direct payment of KRW 10 million) as the construction cost incurred by the instant construction project.

(c)

After that, on September 20, 2017, the Plaintiff completed the instant construction work and determined the construction cost under the Defendant and the said construction work as KRW 300 million (including value added tax), and the same year.

9.22. Claim the Defendant for the construction cost.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 to 4 (including branch numbers), the purport of the whole pleadings

2. We examine the judgment on the cause of the claim. According to the above facts, according to the above direct payment agreement, the defendant is obligated to pay damages for delay calculated at the rate of 108,200,000 won, excluding the final construction cost of KRW 191,800,000, which was paid at the base of KRW 300,000 under the construction of this case, and from September 23, 2017, the day following the plaintiff's claim for construction cost, to the day of May 28, 2020, which was served on the defendant by the copy of the complaint of this case, and from the next day to the day of full payment, the amount of damages for delay calculated at the rate of 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

3. Determination as to the defendant's assertion

A. The Plaintiff and the Defendant are not paid prior to June 26, 2018.

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