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(영문) 서울서부지방법원 2020.10.22 2020가합469
공사대금
Text

The defendant shall pay 323,50,000 won to the plaintiff and 12% per annum from September 25, 2020 to the day of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 and 3 and evidence Nos. 2-2 as to the cause of the claim, the plaintiff entered into a construction contract (hereinafter referred to as "the contract of this case") with the defendant on June 15, 2019 as to the construction work of Jung-gu Incheon Metropolitan Government (hereinafter referred to as "the construction work of this case") with the contract amount of KRW 450 million as of June 15, 2019 and the contract amount of KRW 450 million as of June 15, 2019 as of the completion date. The contract of this case provides that "the construction price shall be paid as a loan after completion," and the defendant completed registration of preservation of ownership as to the building newly constructed pursuant to the construction of this case on September 17, 2019; on December 13, 2019, the plaintiff obtained a loan from the D Association as security; on the other hand, the plaintiff can recognize the construction price of this case's subrogation from the defendant Eul around 300.

According to the above facts, the defendant is obligated to pay to the plaintiff the amount of 285,00,000 won unpaid under the contract of this case [including value added tax] - 21,50,000 won in total (including value added tax - 200,000 won in total 323,50,000 won in total due to payment by the plaintiff's person who has received payment by the plaintiff], and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 18, 2020 to the day of full payment, which is the day following the day of delivery of a copy of the application for modification of the purport of the claim of this case as of September 18, 2020 to the day of full payment.

2. The defendant's assertion, etc. argues that the construction cost of the contract of this case is KRW 443 million, and the defendant paid KRW 260 million to the plaintiff, and the remaining construction cost is merely KRW 183 million. However, the defendant's assertion has no evidence to acknowledge the defendant's assertion. Thus, the defendant's assertion is without merit.

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