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(영문) 서울중앙지방법원 2016.04.27 2016가합505948
공사대금
Text

1. The defendant shall pay 478,300,000 won to the plaintiff and 15% per annum from February 17, 2016 to the day of complete payment.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment without any ground (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);

3. The Plaintiff partially dismissed the portion of the Plaintiff’s claim for the payment of the unpaid construction cost of KRW 478,300,000 from October 20, 2014, which became impossible due to the Defendant’s final settlement of default.

Unless otherwise specified, the obligor shall be liable for the delay of performance from the following day after receiving the claim for performance (see, e.g., Supreme Court Decision 2012Da29557, Apr. 10, 2014). The Plaintiff requested the Defendant to demand performance of KRW 478,30,000 on October 20, 2014.

The Plaintiff’s claim for delay damages on October 20, 2014 is dismissed on the ground that there is no assertion or proof as to the fact that the due date for the payment of the construction cost is October 20, 2014.

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