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(영문) 수원지방법원성남지원 2019.06.18 2018가단239928
공사대금
Text

1. The Defendant: (a) KRW 24,200,000 for the Plaintiff and 5% per annum from October 1, 2018 to December 20, 2018; and (b) the Plaintiff.

Reasons

1. Around July 30, 2018, the Plaintiff issued a tax invoice of KRW 24,200,000 for the construction cost on July 31, 2018 to the Defendant, and completed the construction by sub-subcontracting the part of the fish poppy straw straw straw straw straw straw straw straw string (hereinafter “the first construction”) among the “F Opening straw straw straw straw straw straw straw straw straw straw straw straw straw 2,10,000 for the second construction works located in Chungcheongnam-gun, Chungcheongnam-gun, Seoul (hereinafter “the second construction”) and around September 20, 2018, the Plaintiff filed a lawsuit in this case, and the Defendant did not have any dispute over the construction cost of KRW 12,100,000 for each of the above construction cost or paid the construction cost of KRW 10,010.

Therefore, the Defendant, barring special circumstances, is obligated to pay to the Plaintiff the amount of KRW 24,200,000 that is payable to the Plaintiff and the damages for delay calculated at each rate of 5% per annum prescribed by the Civil Act from October 1, 2018 to December 20, 2018 on the record that the date following the issuance date of the tax invoice concerning the second construction from October 1, 2018 to the date on which the duplicate of the complaint in this case is served to the Defendant, as the Plaintiff seeks.

2. The defendant's assertion that the settlement of accounts is delayed because the original company does not recognize part of the construction cost, and the plaintiff, the defendant, and the original company should consult about the construction cost and decide whether to pay it. However, the above argument alone is difficult to recognize that there is a valid defense against the plaintiff's claim in this case. Thus, the defendant's argument is rejected.

3. Conclusion.

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