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(영문) 수원지방법원 2015.04.16 2014가단13538
공사대금
Text

1. The Defendant’s KRW 50,091,181 as well as the Plaintiff’s annual rate of KRW 6% from January 1, 2013 to March 26, 2015.

Reasons

On June 11, 2012, the contract amount for the instant electrical construction (hereinafter referred to as “instant construction”) by the Plaintiff from the Defendant for the payment of KRW 120,00 per square meter, the construction area shall be 754 square meters, the construction period shall be from June 11, 2012 to November 30, 2012, the payment of the contract amount shall be determined and paid every month based on the rate of work progress as of the end of the preceding month, and the payment of the contract amount shall be made every month; the fact that the Plaintiff executed 80.47% during the instant construction until September 2012; the fact that the Defendant paid KRW 30,00,000 out of the contract amount does not conflict between the parties, or that the Defendant paid KRW 1,200,00 in consideration of the purport of each entry in evidence No. 3, and the purport of all pleadings by the appraiser C as a whole.

According to the above facts, the defendant is obligated to pay to the plaintiff the construction cost of KRW 50,090,181 [=(120,00 won per the unit price of construction cost x 1.1 x 754 x the construction area x the construction cost of KRW 80.47% x the construction cost of KRW 30,00,000 paid x the amount less than KRW 30,000] and as the plaintiff seeks, 6% per annum under the Commercial Act from January 1, 2013 to March 26, 2015, and delay damages of KRW 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

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

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