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(영문) 광주지방법원 2018.11.14 2018가단5350
매매대금 등
Text

1. The Defendant shall pay KRW 25 million to the Plaintiff the annual interest rate of KRW 15 percent from February 15, 2018 to the date of complete payment.

Reasons

In full view of the respective entries and arguments in Gap evidence Nos. 1 through 3 (including the provisional number) and the whole purport of the arguments, the plaintiff was obligated to pay to the plaintiff damages for delay at the statutory interest rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 15, 2018, following the delivery of a copy of complaint Nos. 25 million won to the plaintiff, to the plaintiff, after being awarded a subcontract from the defendant around March 2017 to KRW 83,60,000 (including value added tax) of ventilation construction works from the defendant in the area of Sejong City of 3-2 living in the area of Sejong City of 3-14BL.

In regard to this, the Defendant alleged that there was a defect in the instant construction, and that the Plaintiff could not respond to the Plaintiff’s claim before receiving the construction payment from the K Construction Co., Ltd., the prime contractor, and there is no evidence to prove that there was a defect in the instant construction, and the Defendant failed to receive the construction payment from the prime contractor.

Even if this can not be a ground for refusing the payment of the subcontract price by the plaintiff, the defendant's assertion is without merit.

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

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