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(영문) 대구지방법원 2016.09.07 2016가단11308
공사대금
Text

1. Defendant B’s 30,000,000 won and the interest rate of 15% per annum from April 19, 2016 to the date of full payment.

Reasons

1. The Plaintiff asserted that the construction contract was concluded with Defendant Incorporated Incorporated Company A (hereinafter “Defendant Company”) and performed the said construction work orally with regard to Celectric power arterial and electric light electrical construction (hereinafter “instant construction”).

As to the instant construction work, the construction cost is KRW 43,774,034 (including surtax), and the Plaintiff and the Defendant agreed to reduce the construction cost of KRW 30,000,000.

Defendant B agreed to pay 300,000 won in ten installments each month from March 20, 2015, when jointly and severally paying the above obligation for the payment of the construction price to the Plaintiff of the Defendant Company.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff KRW 30,000,000 and damages for delay.

2. Determination:

A. As to whether the Plaintiff entered into a contract on the instant construction project with the Defendant Company as to the Plaintiff’s claim against the Defendant Company, the Health Team, while the Plaintiff submitted evidence Nos. 3, 4, and 10 as to this, each of the above evidence alone is difficult to recognize it, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim based on the premise that the contract was concluded between the plaintiff and the defendant company for the instant construction work is without merit.

B. The Plaintiff agreed to determine the Plaintiff’s claim against Defendant B with Defendant B on March 5, 2015, “The amount of debt shall be KRW 30,000,000, and shall be paid in ten equal annual installments from March 20, 2015,” or may be recognized by the statement in the evidence No. 4.

Therefore, according to the above facts of recognition, Defendant B is at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 19, 2016 to the date of full payment, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff, as the payment date of the above agreed amount of KRW 30,000,000 and its final agreement.

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