(영문) 서울중앙지방법원 2018.07.13 2018가합509470

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(영문) 서울중앙지방법원 2018.07.13 2018가합509470

공사대금청구(시효연장)

Text

1. The Defendant’s KRW 1,900,000,000 for the Plaintiff and 20% per annum from August 20, 2007 to January 16, 2018, and the following.

Reasons

1. Basic facts

A. The plaintiff is a company whose business purpose is the design construction business, building, and interior decoration business, and the defendant is a company whose business purpose is building construction business, engineering work business, etc.

B. From April 22, 2005 to September 30, 2006, the Plaintiff was awarded a contract with the Defendant for the construction period of “B Corporation (hereinafter “the instant construction”) located in the Gangwon-gu Yangyang-gun and four parcels (hereinafter “the instant construction”) as KRW 2,270,000 for the construction cost (excluding value-added tax).

C. After completion of the instant construction, the Plaintiff filed a lawsuit against the Defendant for the claim for construction cost (Seoul Central District Court 2007Gahap67178) on December 18, 2007 against the said court (Seoul Central District Court 2007Gahap67178). On December 18, 2007, the Plaintiff rendered a judgment that “the Defendant shall pay to the Plaintiff 1,900,000,000 won and 20% interest per annum from August 20, 2007 to the day of full payment.”

The above judgment became final and conclusive on February 10, 2008. D.

The defendant was ordered to be dissolved on December 5, 201, and was ordered to be liquidated on December 5, 2014.

[Reasons for Recognition] Each entry of Gap evidence 1 through 3 (including branch numbers), and the purport of the whole pleadings

2. According to the above facts on the grounds of claim, the Defendant is obligated to pay to the Plaintiff the interest rate of 20% per annum, which is the interest rate for delay recognized in the above judgment, from August 20, 2007 to January 16, 2018, the delivery date of the original copy of the instant payment order, as sought by the Plaintiff, and the damages for delay calculated at 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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