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(영문) 광주지방법원 2020.08.13 2020가단507033
공사대금
Text

1. The defendant's KRW 97,927,00 for the plaintiff and 6% per annum from February 26, 2020 to August 13, 2020 for the plaintiff.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) contracted a new construction of money company with the Defendant, and completed the said construction work on July 25, 2019.

B. On January 22, 2020, the Defendant issued to C a letter of payment for the payment of the work price of KRW 97,927,000 to C by February 25, 2020.

C. Around February 2020, C entered into a contract with the Plaintiff to transfer the claim for construction cost of KRW 97,927,000 against the Defendant to the Plaintiff and to delegate the authority to notify the assignment of claims to the Plaintiff.

On March 9, 2020, the Plaintiff received the Defendant’s claim for the construction cost against C, sent a content-certified mail to notify the assignment of claims with the authority delegated by C, and the above content-certified mail sent to the Defendant on March 13, 2020.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff received the claim for the construction cost against the Defendant, and the Defendant is obligated to pay the Plaintiff the construction cost of KRW 97,927,00 and the damages for delay.

However, it is reasonable to deem that C and the defendant set the due date for the payment of the construction price on February 25, 2020 in the letter of payment as of January 22, 2020, and therefore, it is reasonable to deem that the due date for the payment of the construction price in this case was set as of February 25, 2020.

Therefore, the defendant is obligated to pay to the plaintiff 97,927,00 won and damages for delay calculated at the rate of 6% per annum under the Commercial Act from February 26, 2020 to August 13, 2020, which is the date of this decision, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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