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(영문) 대전지방법원 2017.08.22 2016가단30866
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 21 million with 15% per annum from January 11, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff was awarded a subcontract for the following electrical construction from the Defendant:

① Electrical construction for a building located in Daejeon District on August 8, 2014: Construction cost of KRW 3 million; ② Electrical construction for a factory located in Seo-gu Seoul District on October 1, 2014: Construction cost of KRW 22 million; ③ Electrical construction for a building located in Daejeon District on December 12, 2014: Construction cost of KRW 2 million.

B. The Plaintiff completed each of the above electrical construction, and the Plaintiff received 6 million won out of the total construction cost of 27 million won and did not receive the remainder of 21 million won.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 5 through 7, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the payment for delay calculated at the rate of 15% per annum from January 11, 2017 to the day of full payment, which is the day following the delivery of the complaint, to the day of full payment.

(1) The plaintiff argues that the above amount of the electrical construction is five million won, but it is not sufficient to acknowledge the above assertion only with the statement of Gap evidence No. 4, and the defendant is the one with the above amount of the electrical construction (3 million won). Thus, the plaintiff's assertion is accepted only for this part.

In regard to this, the defendant alleged that the above Eul's electrical construction price is KRW 10.5 million, and the tax invoice (Evidence No. 6) submitted by the plaintiff as evidence is merely that the plaintiff issued a simplified tax invoice at the plaintiff's request for the performance of construction work, and the total construction price of KRW 15.5 million ( ② Electrical Construction price of KRW 3 million, ② Electrical Construction Price of KRW 10.5 million, ③ Electrical Construction Price of KRW 3 million) is the duty to pay only KRW 9.5 million, which remains after deducting the fixed construction price of KRW 6 million. However, since there is no evidence to acknowledge the above argument by the defendant, the above argument by the defendant is without merit.

3. Thus, the plaintiff's claim is partly accepted within the scope of the above recognition.

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