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(영문) 대전지방법원서산지원 2014.08.22 2013가단14844
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 22,00,000 and the interest rate of KRW 20% per annum from November 23, 2013 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs a construction business under the trade name of C, and the Defendant is a person who runs a construction business under the trade name of D.

B. On October 1, 2011, the Plaintiff entered into a construction subcontract with the contractor and the Defendant as the contractor, with respect to multi-household housing F buildings C, and Ddong Sanitary Facility Works with the total construction cost of KRW 70,400,000 (hereinafter “instant construction contract”).

C. The Plaintiff completed the instant construction, and received a total of KRW 48,400,000 from the Defendant for construction price.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 22,00,000 (i.e., KRW 70,400,000 - KRW 48,400,00) and damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 23, 2013 to the date of full payment, as sought by the Plaintiff.

B. As to the Defendant’s assertion, the Defendant asserted that the contractor of the instant construction project is Nonparty G, not the Defendant, and that the instant construction contract was made in the name of the Defendant in the name of the Defendant through consultation between G and the Plaintiff. However, there is no evidence to acknowledge this.

Therefore, the defendant's assertion is not accepted.

3. If so, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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