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(영문) 광주지방법원 2015.08.13 2015가단11804
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 46,140,619 and interest rate of KRW 20% per annum from March 3, 2015 to the date of complete payment.

Reasons

According to the purport of Gap evidence No. 1 and the oral argument, it can be acknowledged that the plaintiff contracted with the defendant for the roof dismantling and disposal of asbestos slate, from March 2014 to November 2014, the plaintiff paid 353,529,082 won from March 3, 2014, and that the plaintiff should be excluded from the construction cost, and that the plaintiff should pay 1,48,163 won from the defendant. Thus, the defendant is obligated to pay to the plaintiff the remainder of 46,140,619 won (353,529,082 won-305,90,300-1,48,163 won) and damages for delay calculated at the rate of 20% per annum from March 3, 2015 to the date of service of original payment order of this case.

As to this, the defendant did not contract the construction work to the plaintiff.

Although it is alleged that the present price is paid in excess of the current price, there is no evidence to acknowledge it, the defendant's above assertion is without merit.

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition by admitting it.

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