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(영문) 서울동부지방법원 2017.01.13 2016가단33241
공사대금
Text

1. The defendant shall pay 38,570,000 won to the plaintiff and 15% per annum from September 27, 2016 to the day of complete payment.

Reasons

Comprehensively taking account of the overall purport of the statements and arguments in Gap 1-1, 1-2, 2-1, and 2-3, the plaintiff was awarded a contract from the defendant on January 4, 2016 for the construction of a meal room in the household-based elementary school ordered by the Seodaemun-gu Seoul Metropolitan Office of Education (value-added tax separate) at KRW 40,70,000 among the new construction works of the household-based elementary school ordered by the Seodaemun-gu Seoul Metropolitan Office of Education, and the plaintiff was awarded a contract with the defendant on February 23, 2016.

Meanwhile, the Plaintiff is a person who received a total of KRW 37 million from the Defendant as above. As such, the Defendant is obligated to pay to the Plaintiff a total of KRW 3857 million ( KRW 757 million - KRW 37 million) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 27, 2016 to the date of complete payment of the copy of the instant complaint, as sought by the Plaintiff, after the date of complete payment of the construction works.

If so, the plaintiff's claim is justified.

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