공사대금
1. The Defendant shall pay to the Plaintiff KRW 17,262,508 and the interest rate of KRW 24% per annum from September 23, 2017 to the day of complete payment.
1. Facts of recognition;
A. On March 19, 2015, the Plaintiff received a contract from the Defendant for the new construction of the fourth-story building C (hereinafter “instant construction”) with the construction cost of KRW 801,625,00 for the instant construction work, and from March 27, 2015 to August 27, 2015 for the construction period. The warranty period is set at the period prescribed in Article 30 of the Enforcement Decree of the Framework Act on the Construction Industry (2 years), 3% for the warranty bond, 1/1,000 for the remainder, and is paid within 30 days after the completion of the construction. The remainder shall be paid within 30 days after the completion of the construction. The Plaintiff agreed that the amount calculated by multiplying the contract price by the warranty bond rate set in the contract shall be paid in cash or as a certificate until the compensation is paid after the completion inspection.
(Article 35). (b)
The Plaintiff completed the instant construction work on September 15, 2015, and completed the completion inspection on the Defendant’s new building on September 22, 2015.
C. By October 22, 2015, the Defendant paid the Plaintiff KRW 710,00,000 as construction cost, KRW 30,000,000 on March 8, 2016, and KRW 32,00,000 on October 19, 2016.
[Grounds for Recognition: Evidence Nos. 1 through 4, 6, and 7, and the purport of the whole pleadings]
2. Determination
A. According to the above findings of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the construction price payable and the damages for delay agreed from October 23, 2015 when 30 days have elapsed from the date of completion inspection as stipulated in the instant construction contract, except in extenuating circumstances.
However, as seen earlier, the Plaintiff agreed to pay the amount equivalent to the security deposit for repairing defects until the payment of the construction cost is made by the Defendant. Therefore, two years from the completion date for the security deposit for repairing defects (801,625,000 won x 0.03) are two years.