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(영문) 의정부지방법원고양지원 2015.09.10 2014가단1228
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 33,647,385 and the interest rate of KRW 20% per annum from December 12, 2013 to the date of full payment.

Reasons

1. Basic facts

A. On November 18, 2011, the Defendant received a subcontract by setting the period of waterproof construction from Daewoo-si Construction Co., Ltd. to November 18, 201 through June 30, 2013; the construction amount as KRW 395,493,100 for the construction amount.

B. Around November 18, 2011, the Defendant entered into a contract with the Plaintiff regarding the foregoing construction work. The construction period from November 18, 2011 to June 30, 2013, and the contract amount shall be KRW 137,083,30, and the method of payment shall be determined to pay the price by settling the amount of the work performed once a month.

C. On November 26, 2012, the Plaintiff and the Defendant entered into a contract that changed the construction period to KRW 144,540,300 by August 2, 2013, and the construction cost.

The amount of the Corporation's settlement of accounts until March 2013 is KRW 133,165,40.

E. The Plaintiff received a total of KRW 99,518,015 (the total amount of KRW 4,266,545, personal payment of KRW 9,00,00,000, cash payment of KRW 85,478,020, withholding tax, KRW 735,920, and KRW 37,530,00) from the Defendant as a result of the instant construction payment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff 13,165,40 won, deducting the Plaintiff’s settled accounts from KRW 99,518,015, and the remaining KRW 33,647,385, which is the day following the delivery date of the original copy of the instant payment order from December 12, 2013 to the day of complete payment. The Defendant is obligated to pay to the Plaintiff 20% interest per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from December 12, 2013 to the day of complete payment.

The defendant asserts that there is no amount to be paid to the plaintiff because the plaintiff refused to complete the remaining work on May 2013 and completed the work directly by the defendant, and as a result, the amount of the plaintiff's work should be returned from the plaintiff as a result of confirming and settling the amount of 11,560,820 won. However, the entries of the evidence Nos. 1 through 3 alone are insufficient to recognize it.

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