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(영문) 춘천지방법원원주지원 2015.02.16 2014가단8812
공사대금
Text

1. As to the Plaintiff KRW 33,850,00 and KRW 19,700,00 among them, the Defendant shall pay to the Plaintiff KRW 14,150,000 from February 8, 2014.

Reasons

1. Comprehensively taking account of the overall purport of entry and pleadings as to No. 2 of the Plaintiff’s claim for construction price under the instant metal construction contract, the Plaintiff appears to be written in writing, even though it was written from January 16, 2014 to January 2013, 2014, as to the construction period for the portion of metal construction among the construction works of the ground Cmate on the ground of the original city, the Plaintiff appears to be written in writing.

1. Until January 29, 200, the supply price of KRW 29,700,000, and the date of delivery of the object for payment determined within ten days from the date of delivery of the object (hereinafter “instant metal construction contract”) and the defendant is recognized to have been operating the construction business, etc., and the fact that the plaintiff completed the instant metal construction contract and delivered the object to the defendant by January 29, 2014 is not clearly disputed between the plaintiff and the defendant.

(2) In addition, the Plaintiff is a person who has received the payment of KRW 10 million from the Defendant as advance payment out of the price of the instant metal construction contract.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the amount of KRW 19,70,000 (=29,700,000 - KRW 10,000) and damages for delay calculated at the rate of 6% per annum as prescribed by the Commercial Act from February 8, 2014, which is the date of the judgment, to February 16, 2015, which is the date of the said judgment, to the extent that the Defendant disputes on the existence and scope of the obligation to pay the metal construction cost from January 29, 2014 to the date of the full payment, and the amount of damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of the full payment.

(Plaintiff claimed for the payment of damages for delay from January 30, 2014. However, the Plaintiff’s claim for delay liability for the portion from January 30, 2014 to 10 days following the date of delivery of the subject matter of the instant metal construction contract is without merit, since the payment of the construction cost is determined within 10 days from the date of delivery of the subject matter of the instant metal construction contract.

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