공사대금
1. The Defendant shall pay to the Plaintiff KRW 30 million, as well as 5% per annum from February 18, 2015 to January 27, 2016.
1. Where there is no dispute between the parties or in full view of the purport of the pleadings in the evidence Nos. 1 and 2, the Defendant subcontracted the Plaintiff with construction cost of 220,000,000 won for civil engineering works among solar power plants (owner D) constructed on the land located in Chungcheongnambuk-do, and the Plaintiff completed the above construction works on February 17, 2015. The Plaintiff voluntarily acknowledged that the Plaintiff received KRW 190,000,000 from the Defendant. Thus, the Defendant is obligated to pay the Plaintiff the remainder of the construction cost of 30,000,000 won (=20,000,000 won - 190,000,000 won) and damages for delay.
2. As to this, the Defendant asserted that, on the wind of the defective construction work, the Plaintiff should deduct the amount equivalent to the defect repair cost from the construction cost as the Defendant is placed on the condition that the Plaintiff should pay a reasonable amount of damages to D, the owner of the defective construction work. However, it is not sufficient to acknowledge the defect repair cost only with the descriptions of the evidence Nos. 1, 2, and 3 (including each number), and rather, according to the description of evidence No. 2, the Defendant received the total amount of the construction cost from D, the owner of the building on September 26, 2015, and promised to pay the Plaintiff the unpaid construction cost to D until October 2015. Therefore, the Defendant’s above assertion cannot be accepted easily.
3. Therefore, the Defendant is obligated to pay to the Plaintiff 30,000,000 won for the said payment of the construction price and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from February 18, 2015 to January 27, 2016, on which the original copy of the payment order was served to the Defendant, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.
Therefore, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.