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(영문) 광주지방법원 2020.05.14 2019가단541525
공사대금
Text

1. The Defendant’s KRW 133,00,000 as well as 6% per annum from August 14, 2014 to November 19, 2019 to the Plaintiff.

Reasons

1. The following circumstances, which are acknowledged as having comprehensively taken account of the overall purport of the arguments in the evidence Nos. 1 and 20 evidence, namely, ① the Plaintiff submitted material costs and labor costs spent during the construction period, ② the Plaintiff concluded a contract with the Defendant for a large number of electrical construction works from 2009, and, ② the Plaintiff concluded the construction without receiving advance payment, on the ground that the Defendant’s C Hospital was equipped with the financial resources of the hospital affiliated with the Defendant.” In addition, the Plaintiff’s submission of materials supporting his/her assertion and the evidence cited earlier can be acknowledged.

On March 30, 2012, the Defendant entered into a contract with the Plaintiff to conclude the instant construction contract with the contract amount of KRW 133,000,000, and the construction period from March 30, 2012 to January 30, 2013 (hereinafter “instant construction”). The Plaintiff completed the instant construction project on January 30, 2013.

B. The Plaintiff filed an application for provisional attachment of real estate owned by the Defendant with the Gwangju District Court 2014Kahap829 to secure the enforcement of the instant claim for construction price, and received a decision of provisional attachment of real estate from the said court on November 4, 2014.

2. According to the above facts of determination, since the Plaintiff’s claim for construction cost against the Defendant was suspended by the judgment of provisional seizure against real estate by the Gwangju District Court 2014Kahap829, the Defendant is obligated to pay to the Plaintiff the damages for delay calculated at the rate of 133,00,000 won for the construction cost and 6% per annum under the Commercial Act from August 14, 2014 to November 19, 2019, the delivery date of a copy of the complaint of this case, which is the delivery date of a copy of the complaint of this case, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

If so, the plaintiff's claim of this case.

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