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(영문) 전주지방법원군산지원 2016.07.05 2015가단11415
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 37,620,00 and the interest rate of KRW 15% per annum from December 8, 2015 to the date of complete payment.

Reasons

Basic Facts

The defendant is a company that conducts construction business, etc., and the plaintiff is a company that aims to maintain fire-fighting systems.

On May 13, 2013, the Plaintiff and the Defendant entered into a contract for fire-fighting system installation works for neighborhood living facilities A in Gunsan-si, and the Plaintiff completed the fire-fighting system installation works stipulated in the said contract.

The construction cost of the above contract was set at KRW 38,00,000 (Additional Tax separately), and only the defendant paid the down payment of KRW 3,800,000 (Additional Tax separately).

On December 2014, the defendant prepared and delivered to the plaintiff a confirmation statement that there are 34,200,000 won for the construction payment due under the above contract (excluding surtax).

[Ground for recognition] In light of the facts without dispute, Gap evidence Nos. 2, 3, 5, and 6 and the purport of the whole pleadings, the defendant is obligated to pay to the plaintiff 37,620,000 won (i.e., the unpaid construction cost of KRW 34,200,000) and the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which the plaintiff seeks after completion of the construction, from December 8, 2015 to the date of complete payment.

In this regard, the defendant raised a defense to the effect that he did not have any obligation to pay the construction price to the plaintiff, since he received the construction price from B or B, the new owner of the building constructed by the plaintiff, or the quasi-fire corporation that acquired the above

However, the Defendant did not submit any materials to acknowledge that the Plaintiff received the payment of the construction cost from B or B, and thus, the Defendant’s defense against this portion of the defense is without merit. (See the evidence No. 4, No. 7)

Furthermore, the defendant.

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