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(영문) 전주지방법원 2019.04.18 2018가합5224
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 398,940,00 and the interest rate of KRW 15% per annum from October 23, 2018 to the date of full payment.

Reasons

Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 through 4, the plaintiff receives a subcontract for electrical construction of 408,100,000 won (including value-added tax) from the defendant among the newly constructed construction works of a limited liability company C factory on June 30, 2017, and ② the subcontract for waste water treatment facilities and electric light construction of 26,840,000 won (including value-added tax) among the wastewater treatment facilities works in a newly constructed factory of a limited liability company on April 4, 2018, and completed all of the above construction works. The defendant paid the plaintiff KRW 36,00,000 among the electrical construction proceeds to the plaintiff on December 1, 2017.

Therefore, according to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 398,940,000 (=408,100,000 won - KRW 26,840,000 - KRW 36,00,000) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 23, 2018 to the day of full payment, as sought by the Plaintiff.

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

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