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(영문) 수원지방법원 안산지원 2018.02.09 2017가단12981
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 141,498,181 and the interest rate of KRW 15% per annum from June 17, 2017 to the day of full payment.

Reasons

1. The following facts for the determination of the cause of the claim may be found either in dispute between the parties or in full view of the respective entries and arguments in Gap 1, 2, and 3.

On May 4, 2016, the Plaintiff was awarded a contract with the Defendant for construction cost of KRW 350,000,000 for the construction work of a new building C in Yangju-si. On October 20, 2016, the Plaintiff completed the building in accordance with the said construction contract.

B. On January 17, 2017, the Defendant recognized the Plaintiff’s obligation to pay KRW 156,498,181 in the aggregate of KRW 131,818,187 in the construction cost, KRW 22,680,00 in air conditioners, and KRW 22,00,000 in air conditioners, and KRW 156,498,181 in the air conditioners under the said construction contract, and prepared a loan certificate stating that the Defendant would pay KRW 20,000 in three installments until February 25, 2017, KRW 20,000 in the three installments, and KRW 20,00 in the up to March 25, 2017, KRW 116,498,181 until April 25, 2017.

C. Meanwhile, on February 25, 2017, the Plaintiff received KRW 15,00,000 out of the above agreed amount from the Defendant.

According to the above facts, the defendant is obligated to pay to the plaintiff 150,00,000 won after deducting 150,000,000 won from the above agreed amount of KRW 156,498,181, and 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 June 17, 2017 to the date of service of the original copy of the payment order of this case as requested by the plaintiff, as requested by the plaintiff.

2. The defendant's assertion is alleged to the effect that there exist defects such as water leakage and non-construction of fire-fighting facilities at a newly constructed building constructed by the plaintiff, and thus, the contract amount sought by the plaintiff cannot be acknowledged. However, it is not sufficient to admit the defendant's argument only with the entries in the evidence Nos. 1 and 2 (including paper numbers), and there is no other evidence to acknowledge

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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