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(영문) 의정부지방법원 2017.04.05 2016가단23489
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 130,00,000 and the interest rate of KRW 15% per annum from July 12, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On January 25, 2013, the Defendant awarded a contract for the construction of 10-story urban residential housing and neighborhood living facilities 10-story above the 2nd floor underground of the ground reinforced concrete structure B (hereinafter “non-party company”) to Boan Construction Co., Ltd. (hereinafter “non-party company”), and the non-party company agreed to pay the Plaintiff the construction cost of KRW 196 million to the Plaintiff on January 25, 2013, and the construction period of KRW 196 million from January 25, 2013 to November 15, 2013. At that time, the Defendant agreed to pay the Plaintiff the construction cost of the instant stone construction.

B. The Plaintiff completed the instant stone construction work by November 15, 2013, which was the term of construction under the contract, and received a total of KRW 66 million from February 14, 2013 to October 31 of the same year through the Defendant.

[Ground of recognition] Facts without dispute, entry in Gap 1 through 5, purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay the remainder of the construction cost of KRW 130 million to the plaintiff (=196 million - 66 million) and damages for delay.

3. Thus, the plaintiff's claim is justified.

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