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(영문) 수원지방법원여주지원 2017.09.21 2017가단4456
공사대금
Text

1. The defendant shall pay to the plaintiff KRW 63,80,000 as well as KRW 58,00,000 from June 27, 2017 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. A. On July 12, 2016, the Plaintiff and the Defendant did not perform the construction work for the mushroom cultivation of the ground mushroom plant (facility size 7.5 x 24 m x 4 m) (hereinafter “instant construction work”) on the following grounds: the Plaintiff and the Defendant around July 12, 2016 (hereinafter “instant construction work”).

(2) The Plaintiff completed the instant construction work by August 2016 to the Defendant by the first day of 2016.

[Evidence Evidence: Descriptions of Evidence Nos. 1 through 3 (including paper numbers) and the purport of the whole pleadings]

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum from June 27, 2017 to the day of full payment, which is the day following the delivery of the original copy of the instant payment order, with respect to the amount of KRW 58 million, excluding the amount of KRW 63.8 million for the construction price and value-added tax of KRW 5.8 million for the said amount.

2. In conclusion, the plaintiff's claim can be accepted, and it is so decided as per Disposition by admitting it.

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