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(영문) 광주지방법원 2016.06.21 2015가단527781
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 118,00,000 and the interest rate of KRW 15% per annum from November 11, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On March 18, 2010, South Young-gu Construction Co., Ltd. (hereinafter “Nam Young-gu Construction”) and Eastyang Construction Industry concluded a construction contract with the Defendant on the construction cost of KRW 36,050,470,000 (hereinafter “the instant construction project”) with respect to the construction project for the formation of Suwon-dong 645 land in Suwon-dong, Suwon-si, Suwon-si, with the cost of KRW 36,050,470,000 (hereinafter “instant construction project”).

B. On May 14, 2012, Cheongong Construction entered into a subcontract with Cheongong Construction Co., Ltd. (hereinafter “Cheongongsung”) on the part of the instant construction, with the construction cost of KRW 3,058,00,000, and with the construction period of KRW 3,058,00,000 for the packaging construction during the instant construction period until March 20, 2013.

C. On March 26, 2013, Cheongong Construction terminated the instant subcontract, and concluded a new subcontract on the D Round and Packaging Construction Co., Ltd. with the intent to waive the packaging construction of the instant case.

South Young Construction completed the instant construction on November 20, 2013, and completed the completion inspection on December 3 of the same year.

E. The construction cost that the Defendant did not pay to the Plaintiff in connection with the Cheongong C&C-related construction reaches KRW 118,000,000.

F. Meanwhile, on May 12, 2011, the Southern Construction was decided to commence rehabilitation procedures by the Gwangju District Court 2011 Gohap12. On January 28, 2014, the Plaintiff was appointed as a joint manager of Southern Construction by the said rehabilitation court.

(hereinafter referred to as the "Plaintiff" without distinguishing between the remaining construction and the plaintiff (hereinafter referred to as the "Plaintiff"), / [Grounds for recognition] Gap evidence 1-1 through 11, Gap evidence 3-1, 2-5-7, and 8-7 and the purport of the whole pleadings.

2. According to the allegations and the above findings, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 118,00,000 and the damages for delay calculated by the rate of 15% per annum from November 11, 2015 to the day of complete payment, which is the day following the delivery of a copy of the complaint in this case, to the day of complete payment, barring special circumstances.

The defendant.

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