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(영문) 수원지방법원 2018.08.22 2018가단6095
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 41,794,100 and interest rate of KRW 15% per annum from March 30, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On September 2017, Nonparty B entered into a contract with the Defendant during the period from September 15, 2017 to November 15, 2017, for 192,250,000 won for the structural construction work among the Yongsan-gu Seoul Metropolitan Government Construction Work and the construction period.

B completed the above construction work.

B. Around September 6, 2017, the Plaintiff received a subcontract for reinforced concrete construction works in the construction site above from B, and completed the contract around November 17, 2017.

C. Around January 31, 2018, the Plaintiff received from B a claim for the remainder of KRW 41,794,100 among the claim for construction cost owed by B against the Defendant. On February 5, 2018, upon delegation of the power to notify the assignment of claims from B, the Plaintiff sent the notice of the assignment of claims to the Defendant by content-certified mail, and the said notice reached the Defendant around that time.

[Evidence: Evidence No. 1 to 5, All purport of oral argument]

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff, the assignee of the claim, 41,794,100 won, and damages for delay calculated at the rate of 15% per annum from March 30, 2018 to the day of full payment, which is the day following the delivery of a copy of the complaint in this case.

Therefore, the plaintiff's claim is justified and accepted.

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