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(영문) 서울남부지방법원 2017.05.26 2016가단238391
공사대금
Text

1. The Defendant’s KRW 41,690,00 for the Plaintiff and 6% per annum from September 26, 2015 to September 5, 2016.

Reasons

On March 2015, the Plaintiff entered into an agreement with the Defendant to fully bear the costs of construction incurred by the Plaintiff and the Defendant following the alteration of construction materials, and thereafter, the Plaintiff entered into a contract for electrical construction (hereinafter referred to as “instant construction”) from March 16, 2015 to May 24, 2015 with the construction cost of KRW 75,90,00,000, and with the construction period from March 16, 2015 to May 24, 2015; and the construction has been completed within the said construction period; and the construction cost incurred by the Plaintiff and the Defendant, with the construction materials supplied by the Defendant, shall be changed only to the size and quantity of some construction materials while performing the said construction. The Plaintiff entered into an agreement with the Defendant to fully bear the costs of construction incurred by the alteration of part of the construction materials, and the increased costs of construction are not disputed between the parties.

Meanwhile, the Plaintiff is a person who has received a total of KRW 52,470,000 from the Defendant as the construction cost. Accordingly, according to the above facts, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 41,690,00 (= KRW 18,260,000 - KRW 52,470,00) and damages for delay calculated at each rate of 15% per annum under the Commercial Act from September 26, 2015 to September 5, 2016, which the Plaintiff seeks after the completion of the construction of the instant case, as the date of delivery of a copy of the complaint of this case, from September 26, 2015 to September 5, 2016, and from the next day to the date of full payment.

Thus, the plaintiff's claim of this case is justified and accepted.

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