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(영문) 수원지방법원 안산지원 2018.08.08 2018가단602
공사대금
Text

1. The Defendant shall pay 10 million won to the Plaintiff the annual rate of 15% from November 1, 2017 to the day of full payment.

Reasons

According to the overall purport of Gap evidence Nos. 1 through 5 (including paper numbers), the defendant awarded a contract to the plaintiff on September 5, 2016 for freezing new warehouse construction works for KRW 300 million, and the plaintiff completed such contract, the defendant paid only KRW 240 million to the plaintiff, and the defendant borrowed only KRW 40 million on December 22, 2016.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from November 1, 2017 to the day of full payment (i.e., delivery of the original copy of the instant payment order, to the day of full payment (i.e., KRW 30 million - KRW 240 million - KRW 200 million) and/or KRW 40.5 million (value-added tax on KRW 240 million - KRW 20.5 million which is the amount to be claimed by the Plaintiff).

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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