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(영문) 대구지방법원김천지원 2019.11.21 2019가단31586
공사대금 등
Text

1. The Defendant’s KRW 3,582,00 and the Plaintiff’s annual rate of KRW 5% from August 9, 2019 to November 21, 2019, and the following.

Reasons

1. The plaintiff's assertion

A. Upon the request of the Defendant, the Plaintiff carried out the miscellaneous construction of the place at which the Defendant requested, and the construction cost was a total of KRW 112,50,000, not paid KRW 28,500,000 among them.

B. On March 15, 2016, the Plaintiff lent a total of KRW 26,192,00 to the Defendant.

C. Therefore, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 54,662,00 (=part of KRW 26,162,00 out of the loans of KRW 28,500,000) and damages for delay.

2. Determination

A. It is not sufficient to acknowledge that the Plaintiff performed miscellaneous construction work equivalent to KRW 112,50,000 upon the Defendant’s request, with the sole statement of evidence Nos. 1 and 4 as to the claim for construction cost. The Plaintiff’s assertion on this part is without merit.

B. 1) In full view of the purport of the argument in Gap evidence No. 4, it can be acknowledged that the plaintiff lent KRW 3,582,00 to the defendant on March 15, 2016. As such, the defendant is obligated to pay to the plaintiff KRW 3,582,00 as well as KRW 3,582,00 after the due date for payment, and to pay to the plaintiff KRW 40,000, KRW 500 as of August 9, 2019, which is reasonable to dispute as to the existence and scope of the defendant's obligation to repay from August 21, 2019, which is the date following the delivery date of the complaint in this case sought by the plaintiff, until KRW 50,00, KRW 120, KRW 3005, KRW 400, KRW 005, KRW 1005, KRW 3005, KRW 1005, KRW 1005, KRW 4005, and KRW 105,2005.

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