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(영문) 서울서부지방법원 2017.01.13 2016가단5293
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 26,50,000 and the interest rate of KRW 15% per annum from March 16, 2016 to the date of full payment.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 4 through 8, 11, and 13, the plaintiff was requested to construct a Ulsan ecological duct around September 2015 and on September 15, 2015;

9. On October 16, 2016, the Plaintiff sent a written estimate of KRW 35.2 million to the Defendant’s employees, and completed the production of goods, and the Plaintiff’s receipt of KRW 9 million through B as the price for October 6, 2015, KRW 10 million on December 12, 199, and the Plaintiff and the Plaintiff agreed to pay KRW 26.5 million as the remainder of December 2015.

According to the above facts of recognition, it is reasonable to deem that the Defendant entered into the above contract with the Plaintiff via A. Therefore, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 15% per annum from March 16, 2016 to the date of full payment after the delivery of the complaint of this case sought by the Plaintiff.

The defendant did not conclude the contract with the plaintiff and argued that the plaintiff made a double claim with B unfairly. However, the data submitted by the defendant alone is insufficient to reverse the above judgment.

We do not accept the Defendant’s assertion and accept the Plaintiff’s claim.

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