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(영문) 서울남부지방법원 2014.04.01 2012가단64370
공사대금
Text

1. The defendant shall pay 48,509,000 won to the plaintiff and 20% per annum from August 23, 2012 to the day of full payment.

Reasons

1. Under the foundation facts, each of the following facts can be acknowledged in full view of the following facts: (a) the Plaintiff and the Defendant did not dispute each other; or (b) Gap evidence Nos. 1, 2, 5, 6, 8, 9, 11, and 12-1, 2, 5, 8, 9, 11, and 12-2; and (c) Gap evidence Nos. 4, 10; (d) the images of Gap evidence Nos. 7-1 through 12; and (e) the court’s entrustment of appraisal of construction cost (including, inter alia, that it is almost consistent with the construction cost claimed by the Plaintiff); and (e) the whole purport of the pleadings [in particular, the defendant recognizes that Gap’s on-site director contracted each of the construction works of this case to the Plaintiff and that the defendant received and approved each of the two (each electronic tax invoice) of

The Plaintiff at the time of November 201, 201, the Plaintiff of the Urban Gas Facility Corporation for Staff Accommodation of the Public Prosecutor's Office, determined urban gas facility construction for the employees of the B Public Prosecutor's Office as the price of 3,1460,000 won (including value-added tax) and completed the said construction around December of the same year.

B. Around early 2012, the Plaintiff of the Korea Urban Gas Corporation established urban gas facilities construction works for neighborhood living facilities buildings in Seodaemun-gu Seoul from the Defendant as the price for the construction of urban gas facilities in Seodaemun-gu Seoul (including value added tax) and received KRW 5 million, and completed the said construction around April 2012.

C. The Plaintiff of the Urban Gas Facility Corporation established urban gas facilities from the Defendant around early 2012, after determining the cost of urban gas facility construction for the publicly announced source building located outside of Seongbuk-gu Seoul Metropolitan Government as KRW 12.1 million (including value-added tax) and receiving payment from the Defendant, and completed the said construction around May 2012.

2. According to the above facts on the grounds of claim, the Defendant calculated the amount of KRW 48,509,000, which the Plaintiff claims within the scope of the total amount of the agreed construction cost (i.e., KRW 31,460,000,000) and the damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from August 23, 2012 to the date of full payment, which is the day following the delivery of payment order.

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