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(영문) 대구지방법원 서부지원 2018.11.08 2018가단3889
공사대금
Text

1. The Defendant’s KRW 43,00,000 as well as the Plaintiff’s annual rate of KRW 6% from September 16, 2017 to April 10, 2018, and the following.

Reasons

1. Facts of recognition;

A. On June 2017, the Plaintiff requested the Defendant to construct steel structures and completed the construction by September 15, 2017.

B. On June 30, 2017, the Plaintiff issued, respectively, electronic tax invoices of KRW 132 million on July 31, 2017, the supply price of KRW 132 million, and KRW 13 million on September 1, 2017, and received KRW 129 million from the Defendant, and confirmed that the balance of the construction price of KRW 93 million from the Defendant was KRW 93 million.

C. After that, the Defendant paid KRW 50 million to the Plaintiff on September 30, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, purport of whole pleadings

2. According to the allegations and the above-mentioned facts, the Defendant is obligated to pay to the Plaintiff the construction cost of KRW 43 million and the damages for delay calculated at the rate of 6% per annum as stipulated by the Commercial Act from September 16, 2017 to April 10, 2018, which is the delivery date of a copy of the complaint, and 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

On September 2017, the Defendant agreed with the Plaintiff and the construction cost of KRW 179 million.

Although it is alleged, there is no evidence to acknowledge it.

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

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