공사대금
1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 30,780,00 as well as its annual interest from July 31, 2016 to October 4, 2016.
1. Determination as to the claim against the defendant B
A. On March 2016, the Plaintiff asserted that the Plaintiff entered into a construction contract with D, the agent of Defendant B, with the price of KRW 31,000 per square meter for the outer construction of the neighborhood living facilities located in Gyeyang-si, Yan (hereinafter “instant construction”). On April 2016, the Plaintiff completed the construction contract with the price of KRW 31,00 per square meter.
Therefore, Defendant B is obligated to pay 30,780,000 won to the Plaintiff according to the above contract.
B. There is no evidence to acknowledge that the judgment D was the authority to conclude the contract with the Plaintiff on behalf of the Defendant B, and the Plaintiff’s above assertion is without merit.
2. Determination as to the claim against Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”).
A. Comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 2 through 4 as to the cause of the claim, the defendant company entered into an agreement with the plaintiff on April 8, 2016 to decide that the construction cost settlement amount shall be KRW 480,800,000 on the basis of the detailed statement of the construction cost and the results of on-site review as to the instant construction work and to pay the said amount to the plaintiff by July 30, 2016 (hereinafter “instant agreement”).
According to the above facts, under the agreement of this case, the defendant company is obligated to pay to the plaintiff 3,780,000 won remaining after deducting the repayment amount of KRW 17,30,000,000 from the amount of the above contract (=48,8080,000 won - 17,300,000), and to pay damages for delay calculated at the rate of 6% per annum under the Commercial Act from July 31, 2016 to October 4, 2016, the delivery date of a copy of the complaint of this case, and from the next day to the day of full payment, 15% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.
B. Determination 1 on the Defendant Company’s assertion 1) The Defendant Company was unable to complete the color construction work during the instant construction work.