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(영문) 서울중앙지방법원 2016.10.28 2016나28018
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On the date of each agreement entered below with the Defendant, the Plaintiff agreed to perform each of the instant singing ducting construction work (total construction cost of KRW 10,400,00) and completed all of the respective joint construction work.

1) On September 19, 2014, on August 17, 2014, the amount of KRW 3,000,000 for singing rooms located in Pyeongtaek-si: (a) the amount of KRW 2,800,000 for singing rooms located in Gwangju-si on September 19, 2014; (b) the amount of KRW 2,80,000 for singing rooms located in Pyeongtaek-si on September 30, 2014; and (c) the amount of KRW 4,60,000 for singing rooms located in Pyeongtaek-si

B. The Defendant paid the Plaintiff KRW 4,00,000, totaling KRW 2,000,000 on August 5, 2014 and KRW 2,00,000 on September 6, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 and 2-2, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the total construction cost of KRW 6,400,000 (=total construction cost of KRW 10,400,000 - interest rate of KRW 4,000,000) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from November 26, 2015 to the date of full payment, which is the day following the service date of the original copy of the instant payment order, which the Plaintiff seeks after the completion of each construction work.

B. The defendant's argument 1) First, the defendant asserts that the construction cost of each of the above joint construction works completed by the plaintiff is KRW 8,400,000 (i.e., KRW 3,400,000, KRW 3,400, KRW 4000, around August 5, 2014; the defendant paid KRW 5,000 to the plaintiff around August 5, 2014, and the payment of the construction cost is KRW 3,40,000, KRW 3,400,000. However, the defendant's argument in the above part is insufficient to acknowledge it with only the statement in subparagraph 2-1 of the evidence, and there is no other evidence to acknowledge it, and the defendant does not accept the above part of the defendant's argument. Then, the defendant did not perform the above joint construction works in compliance with the defendant's instruction while performing the above joint construction works, or used low materials other than construction materials designated by the defendant, etc.

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