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(영문) 서울남부지방법원 2019.06.20 2019가단208865
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from February 2, 2019 to the day of complete payment.

Reasons

1. In light of the purport of the entire argument in the statement No. 1-1 and No. 2 of the evidence No. 1-2 of the pleading, the Plaintiff received and completed the portion of civil engineering works among the construction works of new hotel buildings located in the Donnam-gun (hereinafter “C”), and C transferred the right to the above building to the Defendant on May 17, 2016, and the Defendant transferred the right to the above building to the Defendant on May 17, 2016, with respect to the obligation for the construction payment to the Plaintiff as to the above obligation of the Plaintiff for the construction payment, the said amount is to be paid in full at the time of receiving the additional bank loan as collateral for the balance of the construction expenses after completion of the construction work by the Co., Ltd. (a) acquiring D hotel, the said amount is to be paid in full at the time of receiving the additional bank loan as collateral, and thereafter, the Defendant may recognize the fact that the above building and its site were provided as collateral and received as a counter-proof.

2. According to the above findings of the determination as to the cause of the claim, the payment terms in the above letter of commitment were satisfied.

Therefore, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 15% per annum from February 2, 2019 to the day of full payment, as the plaintiff seeks, the delivery of a copy of the complaint of this case, which is the day following the delivery of the copy of the complaint of this case.

In regard to this, the defendant argued to the effect that since the defendant paid off the debt to the sewage-based enterprise that the plaintiff bears on behalf of the plaintiff and acquired the right to indemnity against the plaintiff, it should be deducted from the plaintiff's claim, but the above assertion is not accepted since there is no

3. In conclusion, the plaintiff's claim of this case is justified and thus, it is decided to accept it.

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