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(영문) 서울동부지방법원 2018.04.11 2017가단20310 (1)
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 35,00,000 and the interest rate of KRW 15% per annum from October 19, 2017 to the date of full payment.

Reasons

1. Basic facts

A. From September 4, 2013 to November 30, 2013, the Plaintiff entered into a contract with the Defendant for construction works to be contracted for a new construction of an electric source house in Gyeonggi-si, Gyeonggi-do. At that time, the Plaintiff and the Defendant agreed to perform the retaining wall construction works at KRW 35,00,000 for the construction cost, but the Defendant paid the Plaintiff KRW 25,000,000 within five days after the completion of the construction work, and paid the Plaintiff KRW 100,000 and the balance of the cost of retaining wall construction at KRW 10,000,000 after the completion of the basic construction works.

B. In accordance with the above contract, the Plaintiff constructed a retaining wall construction and banking construction, etc., and in relation thereto, on August 7, 2016, the Defendant: (a) confirmed that the price for retaining wall construction, etc. was KRW 48,800,000 as of August 20, 2013, and written and issued a written statement of performance to the Plaintiff to repay it as soon as possible.

C. Thereafter, on December 1, 2016, the Plaintiff agreed with the Defendant to reduce the price of retaining wall works, etc. to be paid by the Defendant to KRW 35,000,000.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 4, purport of the whole pleadings]

2. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 35,00,000,000, including retaining walls, and damages for delay calculated at the rate of 15% per annum from October 19, 2017 to the day of full payment, as claimed by the Plaintiff, on the record, from the day following the delivery date of the instant complaint to the day of full payment.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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