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(영문) 울산지방법원 2015.07.22 2014가단27059
추심금 등
Text

1. The Defendant’s KRW 19 million with respect to the Plaintiff and the Plaintiff’s annual rate of 5% from June 11, 2015 to July 22, 2015, as follows.

Reasons

1. Determination as to the cause of claim

A. A. Around August 2010, the Defendant was awarded a contract for the extension of the building building in Ulsan-gu E-gu with C and D. Around August 2010, the Defendant leased the construction business license of TM Construction Co., Ltd. (hereinafter “TM Construction”). Around December 2010, the Plaintiff concluded a construction contract with the Defendant and the Plaintiff for the construction of the said E-building with a content of KRW 30 million for the construction cost (excluding value added tax).

On February 2, 2010, the Plaintiff concluded a construction contract with the content of additional stone works, such as the Defendant and stairs (hereinafter referred to as the “additional stone works” in this part) on the construction cost of KRW 10 million (excluding value-added tax).

The plaintiff completed the construction of the instant stone around April 2010.

3) The Defendant paid to the Plaintiff KRW 25 million in total of KRW 44 million for the instant stone construction work (one million in total of KRW 40 million for the construction work) on December 30, 201, KRW 50 million, KRW 10 million on February 11, 201, KRW 10 million on April 1, 201, and KRW 25 million on April 1, 201. [based on recognition] fact that there is no dispute, KRW 1-4 (including a serial number, testimony of Witness F, the purport of the entire pleadings, and the purport of the entire pleadings.

B. The Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act until July 22, 2015, which is the day when the judgment is rendered, and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the day when the payment is made, to the day when the application for the purport of the claim and the alteration of the cause was served on June 4, 2015.

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion 1) The price for the instant stone construction project is not KRW 40 million, not KRW 40 million, but KRW 4,000 (excluding value-added tax).

75 million won, such as the statement.

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