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(영문) 수원지방법원 안산지원 2018.11.07 2018가단11770
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from May 26, 2018 to the date of complete payment.

Reasons

In full view of the purport of Gap evidence 1-1-2 and the whole arguments, the plaintiff and the defendant received KRW 420 million from the defendant on July 26, 2017, and entered into a contract with the defendant on behalf of the defendant on July 26, 2017 for the 37th opening and closing ceremony of the national sports competition for disabled persons with disabilities and for the opening and closing ceremony of the national sports competition for the 98th opening and closing ceremony. The plaintiff and the defendant entered into an additional contract with the defendant on August 28, 2017 for the construction of the additional construction work by tamping the above strush with the above strush with the completion of the construction and dismantling work according to each of the above contracts, but it can be recognized that the plaintiff received only KRW 450 million out of the total construction cost up to 450 million from the defendant up to now.

According to the above facts, the defendant is obligated to pay to the plaintiff 50 million won (=450 million won - 400 million won) and damages for delay calculated at the rate of 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 26, 2018 to the date of full payment, which is clear from the date following the day when the original copy of the instant payment order was served to the defendant.

Therefore, the plaintiff's claim is justified and it is so decided as per Disposition.

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