(영문) 서울중앙지방법원 2018.10.02 2018가단5101836

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(영문) 서울중앙지방법원 2018.10.02 2018가단5101836

공사대금

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1. The Defendant shall pay KRW 54,637,00 to the Plaintiff the annual rate of KRW 15% from May 18, 2018 to the date of complete payment.

Reasons

1. In fact, the following facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of the overall purport of the pleadings in each entry in Gap evidence 1, 2, and Gap evidence 3-6.

The plaintiff is a company that constructs remote areas and boards, etc., and the defendant is a company that conducts interior construction business.

B. The Plaintiff concluded the following four construction contracts with the Defendant and completed all of the construction works.

(1) A store construction work: 15,620,00 won for construction work (including value-added tax; hereinafter the same shall apply) around November 2017; 2. 8,767,00 won for construction work, such as B-point floors, flame retardation, and safety films, around January 2018.

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the total construction cost of KRW 54,637,00 (=15,620,000 KRW 8,767,000 KRW 9,350,000) 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 May 18, 2018 to the date of full payment after the delivery of a copy of the complaint of this case.

B. As to this, the Defendant failed to pay the construction price properly to the Plaintiff since December 2017 due to the aggravation of the financial situation, but not only endeavored to normalize management by running a new construction project, and also make every effort to pay the unpaid construction price by preparing compulsory execution against the ordering person, etc. of the above A-Class Corporation. Therefore, the Defendant’s argument to the effect that the payment will be delayed, but such circumstance does not constitute a legal ground for postponement of payment, and thus, cannot be accepted.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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