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(영문) 광주지방법원 2017.10.25 2017가단16186
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 186,40,000 and the interest rate of KRW 15% per annum from June 6, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff was awarded a subcontract by the Defendant for metal, windows, and glass construction work from among the construction works of a new family tourist hotel, which the Defendant received from the Defendant, for the construction of a new family tourist hotel (including value-added tax) with the construction cost of KRW 363,00,000 (including value-added tax) and the construction period from August 26, 2016 to November 30, 2016.

B. On March 22, 2017, the Plaintiff and the Defendant concluded a subcontract modification agreement with the construction cost of KRW 430,100,000 (including value-added tax) and the construction period from August 26, 2016 to March 31, 2017.

(hereinafter referred to as "the construction of this case")

The Plaintiff completed the instant construction. D.

The Defendant paid KRW 243,700,000 to the Plaintiff out of the construction cost of the instant case.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. According to the facts of the determination as to the Plaintiff’s cause of claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 186,40,000 payable out of the instant construction cost (i.e., the changed construction cost of KRW 430,100,000 - the paid construction cost of KRW 243,70,000) and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 6, 2017 to the date of full payment, as sought by the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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