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(영문) 수원지방법원 2016.10.07 2015가합71187
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 371,00,000 and the interest rate of KRW 15% per annum from December 17, 2015 to the date of full payment.

Reasons

Comprehensively taking account of the evidence Nos. 1 through 13 as well as the overall purport of the pleadings, the construction of Greenland, Inc., Ltd., from the Defendant around Jan. 2012, it can be acknowledged that around 186-2, the Plaintiff and the Defendant agreed to settle the construction price unpaid on July 10, 2013 at KRW 421,00,00,000, among which the construction of the building was awarded a contract for the new construction of the building on the land of 186-2 and 2 parcels of land, Incheon, Seo-gu, Seo-gu, Incheon. However, as the construction of Greenland was suspended on July 2012, the Plaintiff continued the construction of the above new construction. The Plaintiff entered into a direct contract with the Defendant, the owner of the building, and the Plaintiff and the Defendant agreed to settle the construction price unpaid on July 10, 2013 as KRW 421,000.

According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 371,00,000 and the damages for delay calculated at the rate of 15% per annum from December 17, 2015 to the date of full payment, which is the day following the delivery of a copy of the complaint in this case, as requested by the Plaintiff.

(1) In accordance with the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended on September 25, 2015, the interest rate after October 1, 2015 applies to the interest rate of 15% per annum, and thus, the Plaintiff’s claim for damages for delay with a rate of 20% per annum exceeding that of 15% per annum is rejected). Therefore, the Plaintiff’s claim of this case is accepted within the scope of the above recognition, and the remainder of the claim is dismissed as it is without merit. It

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