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(영문) 의정부지방법원 2017.05.24 2016가단33868
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 34,700,000 and the interest rate of KRW 15% per annum from November 19, 2016 to the day of full payment.

Reasons

On February 15, 2016, the Plaintiff was awarded a contract with the Defendant at the Defendant’s place of business located in 441, 109-8, Seoyang-do, Namyang-do, the amount of construction cost of which is KRW 75,700,00,000. The Plaintiff’s completion of the relevant interior works by April 27, 2016 is no dispute between the parties, and the Plaintiff received KRW 41,00,000,000 from the Defendant on March 31, 2016.

Therefore, barring special circumstances, the Defendant is obligated to pay the remainder of the construction cost of KRW 34,700,000 (=75,700,000 - 41,000,000) to the Plaintiff and delay damages therefrom.

In regard to this, the defendant alleged that the defects caused by the plaintiff's defective construction work have occurred, but only the descriptions in Eul 1, 2, and 3 cannot be known as to the existence or scope of the defects as alleged by the defendant, and there is no other evidence to acknowledge them. Thus, the defendant's above assertion

(3) The plaintiff's claim is justified, since the defendant is obligated to pay the above 34,700,000 won and damages for delay to the plaintiff.

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