공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On October 1, 2014, the Plaintiff (previous trade name: DIM Development Co., Ltd.) changed its trade name to Korea Integrated Management Service Co., Ltd., and changed to its trade name as of August 7, 2015.) entered into a contract with the Defendant and the Defendant on November 25, 2013 on the removal of the construction and the interior interior interior interior decoration construction (hereinafter “instant construction”) contracted by the Defendant and the Defendant, a coffee chain company (hereinafter “self-Cos Korea”).
(hereinafter referred to as “the instant construction contract”). The construction site: The construction contract amount: From November 30, 2013 to January 10, 2014: Total amount: KRW 135,000,000 (value-added tax, separate contract deposit, KRW 80,000,000, and the remainder KRW 55,000,000): The Defendant must pay the delayed payment at 20% of the price of the construction.
B. The Plaintiff completed the construction within the instant construction period.
C. From December 14, 2013 to February 28, 2014, the Defendant paid the Plaintiff KRW 98 million in total as the construction cost of the instant case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The plaintiff asserts that since the plaintiff completed the construction in this case, the defendant is obliged to pay delay damages from February 29, 2014, the following day after the payment of the construction in this case = 135,000,000 won in total + 135,000,000 won in value-added tax + 98,000,000 won in construction price paid by the defendant; and 20% in total for unpaid construction price (=50,500,000 won x 20%) in total: 60,60,000 won in total and the last payment of the construction price.
On the other hand, the defendant asserts that since the defendant transferred the claim of KRW 50,50,000 to the plaintiff in lieu of paying the debt of the construction cost of this case to the plaintiff, the obligation of the construction cost of this case was extinguished.
B. Determination B.