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(영문) 부산지방법원 2015.12.15 2015가단61060
공사대금
Text

1. Defendant C’s KRW 27,500,000 as well as 20% per annum from September 19, 2015 to September 30, 2015, and the following.

Reasons

1. As to the plaintiff's claim against the defendant C

A. Indication of Claim: The Plaintiff’s claim for the payment of KRW 27,50,000,000,000 for the remainder of the construction cost based on the contract for the construction of the safety design for the establishment of the safety design for the U.S. D Workers in Ulsan-gun, Ulsan-gun (hereinafter “instant construction”).

Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act)

C. As the provisions governing statutory interest rates under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for the Reasons for Partial Dismissal (hereinafter “Litigation Promotion Act”) were promulgated on September 25, 2015 and enforced from October 1, 2015, the statutory interest rate under the Litigation Promotion Act was 15% per annum from October 1, 2015, it is recognized only as damages for delay calculated at the rate of 15% per annum from October 1, 2015 to the date of full payment, and the excess portion is dismissed.

2. As to the plaintiff's claim against the defendant B

A. On April 25, 2013, Defendant C awarded a contract for the instant construction work to the Plaintiff in the name of Defendant B for the construction cost of KRW 71.5 million (including value-added tax).

B) The Plaintiff purchased additional materials equivalent to KRW 3.5 million. C) The Plaintiff received advance payment of KRW 20 million among the said construction cost, and received KRW 27.5 million on September 6, 2013.

[Grounds for recognition] According to the above facts, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, and Eul evidence Nos. 1, and the purport of the whole pleadings 2), barring any special circumstance, defendant B is obligated to pay the plaintiff the balance of the construction price (=7.5 million won KRW 3.5 million KRW 3.5 million) and delay damages (=3.5 million KRW 3.5 million) to the plaintiff as the nominal owner, barring any special circumstance. (b) The defendant B's assertion against the defendant B, the above defendant Eul's assertion that the defendant exempted the above defendant from the obligation to pay the construction price.

2 According to the statement No. 1, the plaintiff and the defendants prepared a written statement of payment for the construction work of this case on September 11, 2013, and "the defendant B".

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