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(영문) 대전지방법원 논산지원 2017.01.12 2016가단2799
공사대금
Text

1. The Defendant’s KRW 30,826,00 for the Plaintiff and KRW 6% per annum from December 10, 2015 to July 25, 2016.

Reasons

1. According to the records in Gap evidence Nos. 1 through 5 (including additional numbers) as to the cause of the claim, the plaintiff entered into a construction contract with the defendant on March 11, 2015 that the plaintiff would receive 56,826,00 won (including value-added tax 5,16,000 won) for the installation of equipment, pipes, water supply and drainage pipes among the newly constructed construction works that the defendant performed by the defendant from the defendant, and accordingly, the plaintiff has completed the construction work on October 31, 2015, and the plaintiff voluntarily recognized the fact that the plaintiff received 26,00,000 won from the defendant.

Therefore, barring special circumstances, the Defendant is obligated to pay 30,826,000 won (i.e., 56,826,000 won - 26,000 won) and damages for delay calculated at each rate of 15% per annum under the Commercial Act from December 10, 2015 to July 25, 2016, which is the delivery date of a copy of the complaint of this case, as sought by the Plaintiff after the completion date of construction.

As to this, the defendant asserts that he did not conclude the above construction contract between the plaintiff and the plaintiff, but there is no evidence to acknowledge this, and the above argument is rejected.

2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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