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(영문) 인천지방법원부천지원 2015.10.27 2015가단103656
공사대금
Text

1. The Defendant’s KRW 37,760,00 for the Plaintiff and KRW 6% per annum from June 8, 2013 to February 2, 2015.

Reasons

(b) the facts of the basis;

A. The Plaintiff is a person who is engaged in the business of manufacturing and installing furnitures, such as pressings and shoess, with the trade name of “B,” and the Defendant is a corporation that runs the construction business.

B. On February 1, 2013, the Plaintiff entered into a contract between the Defendant and the Defendant, under which the Defendant would supply scrinks, shoess, etc. to the Gangseo-gu Seoul Metropolitan Government C site that the Defendant performed.

(hereinafter “instant construction contract”). The main contents are as follows:

1. Total amount of contract: 61,600,000 won* Value-added tax separate; and

2. Item (1) Contents of a contract: A total contract amount: 61,600,000 won in cases of pressing, shoes, and accessories attached thereto. (3) A separate rate of penalty for delay: 1/1,000 of the contract amount: 14/1,00 of the contract amount: The delivery period: from February 13, 2013 to March 20, 2013 (Provided, That the date may be changed considering the circumstances of the plaintiff

(2) The intermediate payment of KRW 21,640,00 on February 28, 2013: 3: The remainder:

C. On March 20, 2013, the Plaintiff completed the instant construction project; from the Defendant, the Plaintiff received KRW 30,000,000 in total, including KRW 10,000,000, around April 4, 2013, and KRW 20,000,000, around June 7, 2013.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 4, Eul's evidence 9 (including Serial number), the whole purport of pleading

2. Determination on the cause of the claim

A. According to the above facts, the Defendant, barring any special circumstance, shall pay the Plaintiff the unpaid construction cost of KRW 37,760,000 (i.e., KRW 31,00,000 value-added tax of KRW 6,160,000) under the instant construction contract, and as the Plaintiff seeks, from June 8, 2013 to February 2, 2015, the record of the date of delivery of the instant payment order from June 8, 2013 to February 2, 2015, and the interest rate of KRW 6,760,000 under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to September 30, 2015.

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