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(영문) 인천지방법원 2016.01.12 2015가단38148
공사대금
Text

1. The Defendant: (a) KRW 46.1 million for the Plaintiff and the Plaintiff’s 20% per annum from June 5, 2015 to September 30, 2015.

Reasons

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 9, the plaintiff completed the panel installation works from the defendant on April 15, 2014 upon entering into a subcontract with the defendant for the amount of KRW 44 million and issued a tax invoice to the defendant (trade name: C) on April 28, 2014. The defendant paid the plaintiff KRW 40 million out of the construction price, ② the plaintiff lent the amount of KRW 30 million to the defendant on September 16, 2014, and received a certificate of borrowing accompanied by a certificate of personal seal impression from the defendant on March 25, 2015. ③ The plaintiff completed the construction works upon entering into a subcontract with the defendant for the amount of KRW 121 million and issued the tax invoice to the defendant (trade name: C) on April 21, 2015.

According to the above facts, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 16.1 million (= KRW 12.1 million), the loan amount of KRW 46.1 million, and to pay damages for delay calculated at each rate of KRW 15% per annum from June 5, 2015 to September 30, 2015, which is obviously a day following the delivery date of the instant payment order, as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

(1) The defendant asserts that his spouse E entered into a subcontract with the plaintiff and borrowed money from the plaintiff by stealing the name of the defendant. However, in light of the fact that the plaintiff issued a tax invoice to the defendant in relation to the subcontracted project and received a certificate of personal seal impression issued by the defendant, the defendant's argument cannot be accepted). Therefore, the plaintiff's claim is accepted, and it is so decided as per Disposition.

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