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(영문) 광주지방법원 2015.09.25 2014가합9139
공사대금
Text

1. The Defendant shall pay KRW 95,069,50 to the Plaintiff the annual rate of KRW 20% from September 4, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On April 1, 2014, the Plaintiff, a company conducting construction business, etc., concluded the instant construction contract with the Defendant on an indoor interior interior interior interior interior interior design with the following content (hereinafter “instant construction contract”).

The name of a construction project: The contract amount of 308,00,000 won (including value-added tax) from April 7, 2014 to July 20, 2014: 50,000 won shall be substituted by the amount paid on February 28, 2014. The time and method of the completed portion - the intermediate payment of 104,451,500 won on May 30, 2014 - The remainder of 153,548,500 won on July 25, 2014:

B. The Plaintiff completed the construction work by July 20, 2014 pursuant to the instant construction contract, but the Defendant did not pay the Plaintiff KRW 212,930,50 (including KRW 50,000,000) for the remainder of KRW 95,069,50 for the construction work until now, in addition to the payment to the Plaintiff of KRW 212,930,50 (including the advance payment of KRW 50,000) (=total construction cost of KRW 308,00,000 - the advance payment of KRW 212,9

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from September 3, 2015 to the day of full payment, which is the day following the day of service of a certified copy of the pleadings containing the declaration of intent to modify the purport of the claim of this case, as sought by the Plaintiff.

B. The Defendant’s defense 1) The Defendant granted the Plaintiff the right to enter into a lease agreement under the Defendant’s name by coloring a building that operates a snow ice ice store, which is a “boom so”. The Plaintiff suffered a lot of damages to the Defendant, such as having the Defendant terminate the lease agreement by leasing a building that is not permitted to obtain a business license (boom No. 1) (b).

Therefore, the defendant is liable to the plaintiff for damages against the plaintiff.

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