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(영문) 수원지방법원성남지원 2020.04.14 2019가합411151
공사대금
Text

1. The Defendant’s KRW 205,00,000 and the Plaintiff’s annual rate of KRW 6% from December 14, 2019 to March 28, 2020 and the following.

Reasons

1. On December 15, 2017, the Plaintiff entered into a contract with the Defendant for the construction of a new building on the ground of the Yongsan-si District C (hereinafter “instant construction”) and concluded a contract with the Plaintiff as KRW 1,199,00,000 of the contract amount (including value-added tax) and obtained approval for use on October 17, 2019 after completing the construction.

Nevertheless, the Defendant paid only KRW 994,00,000 to the Plaintiff by December 13, 2019, out of the construction cost of KRW 1,199,00,000, and did not pay the remainder of KRW 205,00,000 to the Plaintiff.

Therefore, from December 14, 2019 to the delivery date of the application for change of claim and cause of claim in this case, the Plaintiff seeks payment of 6% per annum to the Defendant and 12% per annum from the next day to the day of complete payment.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

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