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(영문) 제주지방법원 2018.10.18 2018가단1024
공사대금
Text

1. The Defendant’s KRW 52,200,000 and the Plaintiff’s annual rate of KRW 6% from May 4, 2018 to October 18, 2018.

Reasons

If the purport of the entire pleadings is added to the evidence Nos. 1 through 5, the Plaintiff is awarded a contract from the Defendant from April 3, 2016 to November 2016 for the construction of an urban-type residential housing unit C in Seopopopo City to complete all of the construction works. Nevertheless, the Plaintiff still has not received KRW 52,200,000 out of the construction cost.

Therefore, the Defendant is obliged to pay to the Plaintiff the amount of KRW 52,200,000 and damages for delay calculated at the rate of 6% per annum under the Commercial Act from May 4, 2018 to October 18, 2018, which is the date when the instant complaint was served on the Defendant, and from May 4, 2018, the amount of damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date when the instant complaint was served on the Defendant.

As the Plaintiff claims for the payment of the damages for delay as of the date following the completion date of the construction work, this claim seems to be premised on the date of completion of the construction work as soon as the date of the construction work is the date of the payment of the construction work. Therefore, the assertion and verification of the above premise should be made. In light of the record, the above premise facts are not presented even if examining the record, and there is no other circumstance to acknowledge the above premise. If so, the claim for the damages for delay as of the date following the completion date of the construction work falls short of assertion and proof.

Therefore, this part of the plaintiff's assertion is not accepted.

Therefore, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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