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(영문) 인천지방법원 2015.09.24 2014가단227552
공사대금
Text

1. The Plaintiff:

A. Defendant A’s KRW 86,500,000 and for this, KRW 6% per annum from July 1, 2013 to July 2, 2014.

Reasons

1. The following facts are without dispute between the Plaintiff and the Defendant, and the Plaintiff and the remainder of the Defendants may be acknowledged by taking into account the overall purport of the pleadings as a whole among the respective descriptions of Gap evidence Nos. 1 through 6 (including numbers).

(1) On May 2013, the Defendants were to enter into a construction contract between Tae Tae Construction Co., Ltd. and the Defendants. (hereinafter “Tai Construction”) and Non-Party Tae Tae Construction Co., Ltd. (hereinafter “Tai Construction”).

(2) On May 20, 2013, the Defendants concluded a contract with the construction cost of KRW 115,00,000 (excluding value-added tax) and the construction period of KRW 46,00,00,00 for the purpose of building sites on the land of KRW 768,00,00 among the 7,536,00 square meters of forests and fields owned jointly by the Defendants, and the advance payment was KRW 46,00,00,000, and the progress payment was to be paid after the completion of construction (the construction contract was written as of May 30, 2013);

hereinafter, “instant construction contract”

(2) Around May 14, 2013, the Defendants paid KRW 40,000,000 out of the advance payment for solar construction. This construction commenced around May 20, 2013 and completed most of the construction around June 2013.

B. Around March 4, 2014, merged with the Plaintiff and dissolved around that time.

2. Determination as to the claim against Defendant A

A. The plaintiff's assertion that the plaintiff did not receive KRW 86,50,000 from the defendants, including defendant A, the total construction cost of KRW 126,50,00,000, and that the above KRW 86,50,000 and the damages for delay should be paid.

B. As to the Plaintiff’s assertion as above, Defendant A shall be deemed to have led to the confession under Article 150(3) of the Civil Procedure Act. As such, Defendant A is based on the annual rate of 6,50,000 won and its related amount from July 1, 2013 to July 2, 2014, which is the delivery date of a copy of the complaint of this case, 6% per annum under the Commercial Act, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

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