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(영문) 수원지방법원안양지원 2017.11.01 2017가단7789
공사대금 등
Text

1. The defendant shall pay to the plaintiff (appointed party) KRW 52,450,166, KRW 23,703,608, KRW 15,61,858, and KRW 15,661,858.

Reasons

1. In addition to the whole purport of the arguments in Gap's evidence Nos. 1 and 2 (including each number) as to the plaintiff's claim, the defendant was awarded a contract with Korea EFFC to the Corporation (hereinafter "the construction of this case") and awarded a subcontract to the plaintiff (appointed party) on January 15, 2015 for the printing team construction work of this case to the plaintiff (including value-added tax) on January 15, 2015. The defendant prepared a written confirmation confirming that the plaintiff (appointed party) was not paid KRW 92,40,000 of the subcontract price of this case, and the plaintiff (appointed party) was paid KRW 39,949,834 out of the subcontract price of this case.

Therefore, the Defendant is obligated to pay the Plaintiff (Appointed Party) the remainder of the subcontract construction cost of KRW 52,450,166 and delay damages calculated at the rate of 15% per annum from June 6, 2017 to the date of full payment after serving the original copy of the instant payment order.

2. In addition to the whole purport of the pleadings in Gap's evidence Nos. 3 and 4 (including each number), the defendant can recognize that he/she subcontracted construction work for cargo elevators during the instant construction to Eul (G company) on March 3, 2015 (excluding value-added tax), and the Selection B received from the defendant as the price for the said subcontracted construction work, the amount of KRW 40,000 on March 13, 2015.

Therefore, the Defendant calculated to the appointed party B the remainder of the subcontract construction cost of KRW 23,703,608 (=44,000,000 - 20,296,392) and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from June 6, 2017 to the day of full payment following the delivery of the original copy of the instant payment order.

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