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(영문) 대구지방법원 2019.11.29 2019가단8877
공사대금
Text

1. The Defendant: (a) KRW 46,420,00 for the Plaintiff and KRW 6% per annum from May 18, 2019 to November 29, 2019; and (b).

Reasons

1. In full view of the purport of the entire pleadings as to evidence Nos. 1 and 2, it is recognized that the Defendant contracted the Plaintiff with the waterproof Construction among the Seo-gu Facilities Construction Works, and that the Defendant did not pay the construction cost of KRW 46,420,000.

Therefore, the defendant is obligated to pay the plaintiff the above construction cost of KRW 46420,00 and delay damages.

Furthermore, the Plaintiff claimed for the payment of damages for delay from July 27, 2018 to the Defendant. However, there is no evidence to acknowledge that the due date for the payment of the said construction cost was set as July 27, 2018. Therefore, the above obligation is an obligation without a fixed deadline for the due date and is liable for delay only when the Defendant is requested to discharge the obligation. Therefore, the Defendant is liable to pay damages for delay from May 18, 2019, following the delivery of the complaint of this case.

Therefore, the defendant is obligated to pay to the plaintiff 4,6420,000 won and damages for delay at each rate of 6% per annum under the Commercial Act until November 29, 2019, which is the date of the judgment of this case, which is the date of the decision of this case, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the following day to the date of full payment.

2. The plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.

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