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(영문) 대전지방법원 2019.04.25 2018가단16734
공사대금
Text

1. The defendant shall pay 73,100,000 won to the plaintiff and 15% per annum from July 17, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

가. 원고와 피고는 2017. 11. 1. ‘C 스팟 조명기구 트랙레일 설치 전기공사’(이하 ‘이 사건 공사’라고 한다) 계약을 체결하면서, 공사대금은 트렉레일 1m당 19,000원, 공사기간은 2017. 11. 1.부터 2017. 12. 30.까지로 정하였다.

B. On December 30, 2017, the Plaintiff completed the instant construction work.

C. On March 8, 2018, D, the Defendant’s field offices of Class III places of business, prepared a letter of non-payment that the Plaintiff would pay KRW 71,50,000 for the instant construction cost until April 2, 2018, and KRW 6,00,000 for additional construction cost until April 21, 2018.

On April 24, 2018, the Defendant sent to the Plaintiff a letter stating that the said construction cost of KRW 78,100,000 (including surtax) will be paid in six installments from May 30, 2018 to October 30, 2018.

On June 1, 2018, the Defendant paid KRW 5,000,000 to the Defendant out of the above KRW 78,100,000.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 3 through 6, and the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 73,100,000 (=78,100,000 - 5,000,000) and damages for delay.

As to this, the defendant asserts that D has already completed the payment of the construction cost claimed by the plaintiff, and that the defendant sent a letter to the effect that it would be forced by the plaintiff to pay the construction cost in installments, but since there is no evidence to acknowledge this, all of the above arguments cannot be accepted.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from July 17, 2018 to the day of full payment, which is the day following the delivery of a copy of the application for payment order, as sought by the Plaintiff.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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