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(영문) 대구지방법원 2019.08.23 2018가단139217
공사대금
Text

1. The Defendant paid KRW 37,092,190 to the Plaintiff and 5% per annum from October 15, 2018 to October 31, 2018.

Reasons

1. Chief;

A. The Plaintiff’s assertion 1) On October 26, 2015, the Plaintiff supplied timber and materials used for housing exhibition centers and office interior works in Daegu Suwon-gu, as well as the interior works, and the relevant interior works (hereinafter “the instant interior works”).

(2) However, the Defendant does not pay the remainder of KRW 37,092,190 as stated in the purport of the claim since the Defendant did not pay the remainder of KRW 52,00,000,000, out of KRW 89,092,190 for the interior of the instant case. As such, the Defendant is demanding to pay the money stated in the purport of the claim.

B. The Defendant asserted that part of the interior works of this case (the construction price of KRW 44,546,095) entered into a construction contract with the Plaintiff, and that part of the interior works of this case (the construction price of KRW 44,546,095) was paid KRW 22,00,000,000 among the construction price of KRW 44,546,095, and thus, the remaining debts are merely KRW

2. According to each of the evidence Nos. 2 and 8 of the board A and the result of the Plaintiff’s personal examination, all of the facts alleged by the Plaintiff can be acknowledged.

Therefore, the Defendant is obligated to pay to the Plaintiff 37,092,190 won and the amount calculated by applying each rate of 5% per annum prescribed by the Civil Act from October 15, 2018 to October 31, 2018, the delivery date of a copy of the instant complaint (an application for payment order) from October 31, 2018, and 15% per annum from the next day to May 31, 2019, and 12% per annum from the next day to the day of full payment (amended by the statutory interest rate provision of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings as amended on May 21, 2019).

3. If so, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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