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(영문) 대전지방법원 2016.06.14 2015가단44370
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 21,00,000 and the interest rate of KRW 15% per annum from November 24, 2015 to the date of full payment.

Reasons

1. On August 2015, there is no dispute between the parties that the Plaintiff received a contract from the Defendant for the integrated works of the first floor of B (hereinafter “instant construction works”) and that the Plaintiff performed the relevant construction works.

2. The parties' assertion

A. On September 12, 2015, the Plaintiff completed the instant construction work and received a written confirmation of construction completion (Evidence A2) as follows, and the Defendant asserts that the Defendant is obligated to pay the Plaintiff the construction cost of KRW 21,000,000 and delay damages.

The construction cost of a construction completion certificate: The date of completion on August 25, 2015: He/she confirms that construction works have been completed on September 8, 2015 without complying with construction design documents, specifications, quality control standards and other terms and conditions throughout the entire construction works in the course of performing the construction works.

B. On this issue, the Defendant asserts that there was no agreement on the construction cost of this case between the Plaintiff and the Plaintiff, and that the construction cost claimed by the Plaintiff cannot be recognized as it is because there were several problems

3. Determination

A. Although a private document may be admitted as evidence only when its authenticity is proven, there is no special restriction as to the method of proof, and the court may recognize its establishment by taking account of the overall purport of the pleadings, instead of other evidence. The defendant does not assert that the evidence No. 2 was forged. On March 14, 2016, the court issued a written order to make a tiny statement to the defendant on March 18, 2016, stating that the defendant was aware that the evidence No. 2 was signed or the private person was affixed on the evidence No. 2, and the order to make a tiny statement was served on the defendant on March 18, 2016, but the defendant did not give any reply and did not appear on the date for pleading thereafter, the evidence No. 2 is recognized

B. Ultimately, in full view of the purport of the entire pleadings in the statement No. 2, the Defendant agreed to pay the Plaintiff KRW 21,000,000 as the construction cost of the instant case on September 12, 2015.

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