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(영문) 서울동부지방법원 2015.01.16 2014가단45547
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 78,05,271 as well as 20% per annum from August 21, 2014 to the day of complete payment.

Reasons

Comprehensively taking account of the respective descriptions and arguments of Gap 1, 2-1, 2-5, and Eul 1 as to the cause of the claim, it may be acknowledged that the Hanam-si awarded a contract for the construction of the Hanam-si Museum to the Hanam-si Construction Co., Ltd., on April 19, 2013, the construction of the machinery and equipment was awarded to the defendant on April 19, 2013, and the defendant awarded a subcontract on December 6, 2013, for the installation of the heating and cooling equipment (including value-added tax) at KRW 357,970,000 among the construction of the said machinery and equipment, and the plaintiff completed the construction of the heating and cooling equipment on July 4, 2014.

Meanwhile, the Plaintiff is a person who has received KRW 281,64,729 among the costs for installing the heating and cooling facilities. Thus, the Defendant is obligated to pay to the Plaintiff the remainder construction cost of KRW 78,05,271 (i.e., KRW 359,70,000 - KRW 281,644,729) and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 21, 2014 to the date of complete payment, as sought by the Plaintiff.

At the time of the above subcontract, the defendant agreed to pay the subcontract price to the plaintiff within one day from the date when the defendant received the contract price from the home office, the plaintiff, and the defendant was not paid part of the contract price from the home office. Thus, the part corresponding to the above ratio was not due.

According to Gap 1's statement, the plaintiff and the defendant concluded that they will comply with the condition that they receive progress payments from the lower court, which is the ordering person, at the time of the above heating and cooling installation contract, and specifically agreed that the lower court will pay the lower court's payment within one day from the lower court, and the defendant will pay the lower court's payment of the cost of the machinery and equipment with the lower court.

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