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(영문) 서울동부지방법원 2018.05.30 2017가단26363
공사대금반환
Text

1. The Defendant’s KRW 37,900,000 as well as the Plaintiff’s annual 6% from October 26, 2017 to November 24, 2017, and the following.

Reasons

1. Facts of recognition;

A. On December 6, 2016, the Plaintiff was awarded a contract for the following construction works from the Defendant.

The name of the construction: The construction site of the B project: The period of construction of the Suwon-si Area C: the commencement on December 6, 2016, and the completion on January 25, 2017: The amount shall be settled based on the unit price of contract.

B. The Plaintiff completed the construction work around February 2017.

C. On April 20, 2017, the Defendant paid the Plaintiff KRW 50,000,000 for the fifth payment for the completed portion, and thereafter, paid KRW 5,000,000 as the construction cost and paid KRW 240,000 as the construction cost.

On the other hand, the Plaintiff, who settled the volume of the Defendant, settled the film construction and the volume of the motion picture construction corporation, which is the ordering agent, and the amount calculated as of February 23, 2017 is KRW 277,90,000 (excluding value-added tax).

[Reasons for Recognition] The entry of Gap's evidence Nos. 1 through 7, the purport of the whole pleadings

2. According to the above facts finding as to the claim, the Defendant is obligated to pay the Plaintiff the interest for delay calculated at the rate of 37,90,000 won unpaid and 15% per annum under the Commercial Act from October 26, 2017 to November 24, 2017, which was served on the Defendant with the original copy of the instant payment order from October 26, 2017 to the date of completion of construction, as the Plaintiff seeks.

3. citing the Plaintiff’s claim.

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