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(영문) 서울동부지방법원 2018.05.11 2017가합1453
공사대금
Text

1. The defendant,

A. The Plaintiff KRW 196,727,397 and the interest rate of KRW 15% per annum from January 23, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. On April 27, 2016, the Defendant entered into a contract with the Plaintiff, setting the “DD Multi-household Housing Construction Work” as “from April 27, 2016 to August 15, 2016 during the construction period, the contract amount of KRW 1,227,400,00 (excluding value-added tax) and the contract amount of KRW 1,227,40,00.

B. On September 28, 2016, the Defendant issued to Nonparty E and F a promissory note amounting to KRW 260,000,000, and written a notarial deed on October 18, 2016.

C. On October 25, 2016, the Plaintiff and the Defendant agreed to reduce the construction cost of KRW 240,000,000 according to the above contract.

(hereinafter referred to as “the instant agreement”). In the instant agreement, there was a provision that “the Plaintiff confirms that all construction costs from the commencement of construction to the settlement of accounts have been included, and the Plaintiff and the Defendant do not raise any objection under the Construction Business Act and other Acts and subordinate statutes, including civil and criminal charges. The Defendant paid the agreed amount of other accounts by 50% until November 30, 2016, 50% until December 31, 2016, and 50% until December 31, 2016, and the unpaid amount would lose the benefit of time and pay the unpaid amount at the statutory rate (15% per annum).”

Plaintiff

On November 7, 2017, Seoul Eastern District Court 2017TTT12701, the succeeding intervenor was ordered to attach claims and assignment order to the amount of KRW 84,500,000, out of the amount that the Plaintiff was paid from the Defendant according to the instant judgment, and the said assignment order was served on the Defendant, who is the debtor, on November 10, 2017, and became final and conclusive on November 30, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1 and 5, witness E and F's testimony, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. Plaintiff 1) As the Defendant did not pay at all the settlement amount under the other agreement of this case, the Defendant lost the benefit of time. Accordingly, the Defendant is obligated to pay the settlement amount of KRW 240 million and damages for delay from December 1, 2016.

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