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(영문) 서울중앙지방법원 2020.01.09 2019가단5234757
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 38,50,000 and the interest rate of KRW 12% per annum from September 5, 2019 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On March 27, 2019, the Plaintiff entered into a contract with the Defendant for construction cost of KRW 93,500,000 (30% of the contract amount at the time of the construction contract, KRW 40% of the contract amount after the completion of the work, and KRW 40% of the remainder after the completion of the work) and completed the said work on May 2019.

B. The Defendant paid the Plaintiff KRW 5,000,000 in total by June 5, 2019, and did not pay the remainder of KRW 38,50,000 to the Plaintiff.

[Ground of recognition] Evidence No. 1 to Gap No. 5

2. According to the above facts of recognition, the defendant is obligated to pay the plaintiff the construction cost of KRW 38,500,000 payable to the plaintiff and damages for delay at the rate of 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from September 5, 2019 to the date of full payment, as claimed by the plaintiff, after the completion date of construction. Thus, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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