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(영문) 대구지방법원영덕지원 2015.01.27 2014가단203
공사대금
Text

1. The Defendant’s KRW 7,395,615 as well as 6% per annum from October 15, 2014 to January 27, 2015 to the Plaintiff.

Reasons

1. The Plaintiff’s judgment on the cause of the claim is a stock company operating metal structures and windows construction business. The Defendant is a stock company operating facilities, maintenance, sanitary management services, etc., the Plaintiff is awarded a subcontract for metal hold construction work from the Defendant on September 25, 2012, with the period from September 26, 2012 to December 2, 2012, which was determined and subcontracted from the Defendant during the period from September 25, 2012, the cost of construction work of metal hold construction work of the Ulsan Headquarters-based 203 environmental improvement work, which was completed on December 2, 2012. The Plaintiff did not dispute over the above construction work price of the Defendant on August 4, 2014, KRW 30 million,000,000 from October 14, 2014, and KRW 70,000,000 among the environmental improvement work of the Ulsan Headquarters-based 203.

Article 65(1) of the Civil Act provides, “Remuneration shall be paid simultaneously with the delivery of the completed object. However, if it does not require the delivery of the object, it shall be paid without delay after the completion of the relevant work.” According to the above facts of recognition, the Plaintiff completed the said metal windows construction around December 2, 2012, barring any special circumstance, the Defendant: (a) on December 3, 2012, the following day after the date when the Plaintiff completed the said construction work; and (b) on October 14, 2014, the Plaintiff finally repaid the said construction cost of KRW 70 million from December 3, 2012 to October 14, 2014 at the rate of 6% per annum of the statutory interest rate of KRW 7,395,615 [7,065,615, 205, 6% per annum x 6% per annum x 6% per annum x 6% from December 36, 2012.

() 30,410 won (the remainder of the construction cost 30 million won x (the statutory rate 6% per annum x the following day from August 9, 2014 to October 14, 2014, which is 30 million won from August 14, 2014, and the date of the above final repayment, as sought by the Plaintiff.

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