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(영문) 수원지방법원 2020.05.27 2020가단1024
공사대금
Text

The defendant shall pay 57,530,000 won to the plaintiff and 12% per annum from December 25, 2019 to the day of complete payment.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4, the plaintiff received from the defendant on June 7, 2019 the contract amount of 12,8150,000 won (including value-added tax) and the construction period from June 7, 2019 to July 10, 2019 for the construction of the second neighborhood living facilities located in Pyeongtaek-si D, the office and the restaurant aggregate construction from the defendant during the construction of the second neighborhood living facilities located in Pyeongtaek-si. The plaintiff can be recognized as having completed the said steel construction within the said period, and the plaintiff has received 7,0620,000 won as progress payment from the defendant.

Therefore, according to the above facts of recognition, the defendant as the contractor is obligated to pay to the plaintiff as the contractor the remainder of the construction cost of KRW 5,7530,000 ( KRW 122,8150,000) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 25, 2019 to the date of complete payment, which is obviously the day following the date of delivery of the copy of the application for the payment order of this case sought by the plaintiff.

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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