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(영문) 대전지방법원천안지원 2015.11.25 2015가단17674
공사대금
Text

1. The Defendant: (a) KRW 28,448,150 for the Plaintiff and KRW 20% per annum from September 9, 2015 to September 30, 2015; and (b) October 1, 2015 for the Plaintiff.

Reasons

Around February 2015, the Plaintiff performed construction works for factories and neighborhood living facilities in the Nam-gu Incheon Metropolitan City by being awarded a contract with the Defendant for construction works for factories and neighborhood living facilities in the Nam-gu, Incheon. The fact that there remain KRW 28,448,150 as of August 24, 2015, which was unpaid as of August 24, 2015 at the time of the application for the payment order in this case, can be acknowledged by comprehensively taking into account the overall purport of the pleadings in each of the items in the evidence

On the other hand, the Defendant filed an objection against the instant payment order, stating only the phrase “the amount of the claim was wrong and the subsequent response was submitted.”

However, after the filing of the objection, the Defendant did not prove any assertion until the date of the argument in this case, and did not appear on the date of pleading in this case.

Therefore, as the Plaintiff seeks, the Defendant is obligated to pay the Plaintiff the amount of 28,448,150 won unpaid and the damages for delay calculated at the rate of 20% per annum from September 9, 2015 to September 30, 2015 under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., from September 30, 2015, and from October 1, 2015 to the date of full payment as well as 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

The plaintiff's claim is justified and accepted.

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