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(영문) 부산지방법원 2014.12.24 2014가단74342
공사대금
Text

1. The defendant shall pay 86,400,000 won to the plaintiff and 20% per annum from August 27, 2014 to the day of complete payment.

Reasons

1. Comprehensively taking account of the purport of the entire pleadings as to Gap evidence Nos. 1 through 5, the plaintiff entered into a subcontract construction contract with the defendant on March 25, 2014 by setting the construction cost of KRW 127 million (Additional tax) with respect to the creative construction among the original construction works for the extension of the 89-15 Dogg-dong, Seo-gu, Busan, Seo-gu, Busan, and entered into a subcontract construction contract with the defendant on March 25, 2014, and the plaintiff completed the above original construction and additional construction works (additional tax of KRW 9,245,100, additional construction cost). On July 29, 2014, the plaintiff did not agree to the remainder of the construction payment (the balance of the construction work, KRW 7.6 million, additional construction cost, KRW 9,245,100,000). However, the original contractor did not agree to the payment of the remainder of the construction work due to the absence of the balance of the construction works against the defendant.

and there is no reflective evidence.

2. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 86.4 million for the remainder of the construction that the Plaintiff seeks and the damages for delay calculated at the rate of 20% per annum from August 27, 2014 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case (the original copy of the payment order).

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

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