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(영문) 의정부지방법원고양지원 2016.09.07 2016가단3068
공사대금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 130,522,521 and the interest rate of KRW 15% per annum from February 19, 2016 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. According to the overall purport of Gap evidence Nos. 1 through 27 (including various numbers), the plaintiff entered into a subcontract for construction works (hereinafter "the instant construction contract") with the defendant on September 4, 2015, which were determined as 121,60,000 construction cost as to the construction artificial park construction artificial district B in Sungnam-si, and as from September 7, 2015 to October 25, 2015 (hereinafter "the instant construction contract"), but the defendant did not complete the instant construction works until October 25, 2015, and the plaintiff did not directly wish to complete the remaining construction works of this case on December 1, 2015, and directly conclude the construction works of this case on June 1, 2016, and directly conclude the construction works of this case with the defendant on June 30, 2016, and concluded the remainder construction works of this case at the expense of the plaintiff 50,606,460,506,50,66, and50,7, etc.

B. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum from February 19, 2016 to the date of complete payment, which is the day following the delivery of a copy of the instant complaint, to the day of complete payment.

2. On the judgment of the Defendant’s assertion, the Defendant suspended the Plaintiff’s construction work due to a significant increase in the construction cost compared to the original contract amount, but the Plaintiff’s decision to settle the construction cost and make it difficult for the Plaintiff to pay the construction cost so that it could not be difficult for the Plaintiff to continue the construction work, and the Plaintiff could not continue the construction work.

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