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(영문) 제주지방법원 2018.08.23 2017가단63612
공사대금
Text

1. As to the Plaintiff KRW 30,900,00 and KRW 25,900,00 among them, the Defendant shall start from August 29, 2017, and the remainder of KRW 5,00.

Reasons

1. The fact of recognition that the Plaintiff did not receive KRW 25,900,000, which was part of the construction cost, even though the Plaintiff completed the construction work in the Dwork Site contracted by the Defendant, and that the Plaintiff did not receive the construction cost of KRW 5,00,000,000 among the construction cost, is not a dispute between the parties.

2. According to the Defendant’s assertion, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at each rate of KRW 30,900,000 per annum from August 29, 2017, to KRW 5,000,00 on the records, which is obvious from August 29, 2017, to the day following the day on which the instant complaint was served, with respect to KRW 30,90,000,00, and KRW 25,90,000,00, based on the records, from December 22, 2017, which is obvious from the day following the day on which the application for change of the purport of the instant claim and the cause of the claim was served, and from

In this regard, the Defendant asserts to the effect that the above payment can be made after the settlement with F Co., Ltd. F and the Defendant, which are practically the same companies as the Plaintiff, are settled. Thus, the Defendant’s assertion alone does not find any legal grounds for delaying or preventing the performance of the above payment obligation against the Plaintiff with respect to the settlement relationship with F Co., Ltd., a separate company, and thus, the above assertion cannot be accepted.

3. If so, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

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