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(영문) 의정부지방법원고양지원 2020.12.04 2020가단7609
공사대금
Text

The defendant's KRW 37,150,000 to the plaintiff and 5% per annum from July 23, 2018 to July 13, 2020 to the plaintiff.

Reasons

In full view of the reasoning of evidence Nos. 1 through 3 of the judgment as to the cause of the claim, the Plaintiff is a corporation that constructs landscaping facilities and conducts construction business, and it can be recognized that the Plaintiff has completed construction work on April 2018 after being awarded a subcontract with the Defendant for construction cost of KRW 146,620,00 in the construction site located in Gu-si, Seocheon-si and Jin-si. The fact that the Plaintiff received a total of KRW 109,470,000 from the Defendant is the Plaintiff.

Therefore, the Defendant is obligated to pay 37,150,000 won and 12% interest per annum under the Civil Act from July 23, 2018 to the date of full payment as sought by the Plaintiff, as a result of the completion of construction work, to the Plaintiff, and 37,150,000 won per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

2. The defendant's argument regarding the defendant's assertion is asserted that the defendant agreed to settle the obligation of the defendant to pay the construction cost to the plaintiff by having the plaintiff directly receive the construction cost that was not received from the ordering owner at the place of advance, but there is no evidence to acknowledge it.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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