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(영문) 대구지방법원 2017.11.21 2017가단16393
기계설비공사대금
Text

1. The defendant shall pay 34,970,000 won to the plaintiff and 15% per annum from August 3, 2017 to the day of complete payment.

Reasons

1.The following facts shall be free of dispute between the parties:

On March 11, 2016, the Plaintiff received the following construction from the Defendant.

- The construction work content: 62,700,000 won (including value added tax) in respect of the construction work for the building of printed circuits among the construction work for the repair of the electrical control parts of the Vietnam-Nam Factory located in the Vietnam-Namn, ordered by the Defendant at the B Busan-do factory

B. The Plaintiff completed the above construction on July 20, 2016.

C. While performing the said construction, the Plaintiff additionally disbursed KRW 1,100,000 for additional construction costs, such as material cost, and KRW 1,980,00 for business trip expenses in Vietnam.

The Plaintiff received construction cost of KRW 34,970,00 (62,700,1000,12,000,000 as the construction cost) from the Defendant on April 1, 2016 and KRW 12,00,000 on October 31, 2016. However, the Plaintiff did not receive construction cost of KRW 34,970,000 (62,700,100,100,1000),980,000 (18,810,000-12,00,000).

2. Conclusion

A. Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of the construction price of KRW 34,970,000 and the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 3, 2017 to the date of full payment, as sought by the Plaintiff, after the completion date of the said construction.

B. Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition with the assent of all participating Justices.

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