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(영문) 서울동부지방법원 2015.11.11 2014가단46045
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 23,100,000 and the interest rate of KRW 20% per annum from October 25, 2014 to the day of complete payment.

Reasons

1. In full view of the purport of the arguments in Gap evidence Nos. 1-1, 2, 2, 2, 3, and 5 as to the cause of the claim, the plaintiff entered into an agreement with the defendant on March 3, 2014 at KRW 5,340,80 (excluding value-added tax) upon receiving a request from the defendant for photographing sewage pipes necessary for the completion of the construction works in the second new harbor in the Kimpo-si City, Kimpo-si. The plaintiff completed the above shooting and submitted a estimate of KRW 12,680,00 (excluding value-added tax) upon receiving a request from the defendant for the repair works in the above apartment, and completed the above repair works. The defendant additionally requested the plaintiff to photograph the outer sewage pipe, and the plaintiff completed the above shooting. On April 30, 2014, the plaintiff filed a report with the defendant on the purchase of the additional sewage pipe at KRW 21,00,00,00,000,000 for each tax invoice.

According to the above facts, it is reasonable to deem that the Plaintiff and the Defendant agreed to the total construction cost of KRW 23,100,000 for the first sewage pipe shooting, repair work, and additional photographing of sewage pipes. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum of the year under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is obviously the day following the delivery date of the complaint of this case sought by the Plaintiff after completion of the above work.

2. As to the judgment on the Defendant’s assertion, the Defendant concluded a verbal contract for the first sewage pipe shooting with the Plaintiff on the recommendation of Samsung C&T Co., Ltd. (hereinafter “T&T”) that subcontracted the Defendant’s incidental civil engineering work for the second sewage plant in the Kimpo-si, Kimpo-si (hereinafter “T&T”), and added the Plaintiff and the sewage pipe repair work or sewage pipe.

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