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(영문) 대구지방법원영덕지원 2015.10.13 2015가단1067
공사대금
Text

1. The defendant shall pay 167,00,000 won to the plaintiff and 20% per annum from June 13, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operates a creative construction business under the trade name of “B,” and the Defendant is a corporation that is engaged in a construction business.

B. On June 18, 2014, the Plaintiff contracted with the Defendant for the installation of steel structure (H beam) at KRW 197,200,000 of the construction cost, among the construction works of the lodging and restaurant located in the Gyeongjin-gun C located in Chungcheongnam-do, Chungcheongnam-do.

(hereinafter “instant construction project”). C.

The Plaintiff completed the instant construction work around August 2014.

On October 3, 2014, the Defendant promised to preferentially pay KRW 50 million to the Plaintiff and pay the remainder KRW 147 million to the Plaintiff by November 20, 2014.

E. The Defendant: (a) on November 27, 2014, KRW 25 million to the Plaintiff.

Won paid KRW 5 million on November 30, 2014.

[Ground of recognition] Facts without dispute, Gap 1 through 4, 7, and 8's statements, the purport of the whole pleadings

2. According to the judgment on the cause of the claim, the defendant is obligated to pay damages for delay calculated at the rate of 20% per annum from June 13, 2015 to the day of full payment, which is clear that it is the day following the delivery date of the original copy of the instant payment order, as claimed by the plaintiff, to the day of delivery of the original copy of the instant payment order, as requested by the plaintiff, except in extenuating circumstances.

3. Judgment on the defendant's assertion

A. The Defendant did not conclude the instant construction project with the Plaintiff, and paid the construction price to D after concluding the construction contract with D.

(No. 1) In addition, the Plaintiff delayed the construction of the instant case and caused damage to the Defendant.

(Chapter 2). (b)

Judgment

First of all, as to Chapter 1, the following circumstances can be revealed by adding the purport of the entire arguments on the evidence as seen earlier, namely, ① the Defendant’s assertion that the Plaintiff visited the Defendant’s office in the written objection to show a quotation, and ② the price for the instant construction work requested by the Defendant, even if the Defendant sent the Plaintiff with respect to the construction cost.

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