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(영문) 서울남부지방법원 2019.05.16 2019가단202324
하도급공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,990,000 and the interest rate of KRW 15% per annum from January 3, 2019 to the date of complete payment.

Reasons

The Plaintiff was subcontracted from the Defendant on June 4, 2018 to KRW 127,00,00 (excluding value-added tax) for the steel framed Corporation in Jongno-gu Seoul, Jongno-gu, Seoul, and the Plaintiff and the Defendant changed the construction cost as KRW 165,00,00 on August 29, 2018 to KRW 165,00 (excluding value-added tax); and the Defendant paid KRW 130,510,000 to the Plaintiff out of the construction price as above does not conflict between the parties.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 50,990,000 ( KRW 165,000 x 1.1 - 130,510,000) and damages for delay at the rate of 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from January 3, 2019 to the date of full payment.

The plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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