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Reasons
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(영문) 의정부지방법원 2015.11.04 2015가단108567
공사대금
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1. The Defendant’s KRW 39,500,000 as well as the Plaintiff’s annual rate of KRW 5% from April 9, 2015 to November 4, 2015.

Reasons

1. Facts of recognition;

A. On October 16, 2014, the Plaintiff entered into a contract with the Defendant and the Eunpyeong-gu Seoul Metropolitan Government on the content that the construction cost shall be KRW 26,00,000 (excluding value-added tax) with respect to the Nos. 2 of the Eunpyeong-do Divesium Corporation located at No. 500, 500,000 among the construction cost, and KRW 5,000,000 among the construction cost, the amount of KRW 21,00,000 shall be paid respectively on October 17, 2014 (hereinafter “the first contract”). On December 4, 2014, the Plaintiff entered into the additional contract with the Defendant and the Eunpyeong-gu Seoul Metropolitan Government on the construction cost of KRW 30,50,00 (hereinafter “the additional contract for the construction cost of KRW 40,000,000) and KRW 20,000 (hereinafter “the additional contract for the construction cost of KRW 40,2010,2004”).

B. On December 30, 2014, the Plaintiff completed the above construction.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. In light of the above facts, the Defendant is obligated to pay 4,50,000 won per annum from April 9, 2015 to November 4, 2015, which is the date following the delivery of the original copy of the instant payment order, to the Plaintiff at KRW 44,50,00 (i.e., KRW 15,500,000 less KRW 3,000,000, which was paid to the Plaintiff as the total amount of the total construction payment amount (i.e., KRW 26,000,000) as requested by the Plaintiff, and to pay 39,50,000 won per annum from the day following the delivery of the original copy of the instant payment order to November 4, 2015, which is the date of the instant judgment, to the day of full payment, 5% per annum and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day

The plaintiff shall pay 40,000,000 won to the defendant.

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