공사대금
1. The Defendant’s KRW 62,286,356 as well as the Plaintiff’s KRW 5% per annum from January 29, 2014 to October 13, 2015.
1. Basic facts
A. The Plaintiff, in the trade name of “C,” entered into a human resources supply contract with the Defendant on the three-dimensional apartment and the E Apartment Construction Site (hereinafter “instant construction site”) and supplied human resources to the said site by September 2013, 2013.
B. The Plaintiff supplied human resources at the construction site of the instant case, but was paid only KRW 76,169,740 among the Defendant’s labor cost of KRW 211,178,096.
Accordingly, on October 7, 2013, the Defendant drafted a payment agreement under which the Plaintiff shall pay the unpaid labor cost as follows (hereinafter “instant payment agreement”).
The remaining KRW 135,08,356 shall be paid, as follows, after deducting the 76,169,740 won already paid, out of the total labor cost provided from June 30, 2013 to September 30, 2013, 211,178,096:
20,000,000 won by October 1, 2013, 200,000 won by October 18, 2013, 20,000 won by October 25, 2013, 20,000 won by October 25, 2013, 20,000 won by October 31, 2013, 20,000 won by October 31, 2013, 20,000 won by November 15, 2013, 20,000 won by November 30, 2013.
C. From October 26, 2013 to January 28, 2014 after the conclusion of the instant payment agreement, the Defendant paid KRW 72,722,00,000 to the Plaintiff out of the labor cost under the instant payment agreement.
【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1 and 2 (including branch numbers, if any) and the purport of the whole pleadings
2. Determination:
A. According to the above facts finding as to the plaintiff's cause of action, the defendant is obligated to pay to the plaintiff 62,286,356 won (i.e., 135,008,356 won - 72,722,000 won) unpaid out of the labor cost under the payment agreement of this case and damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from January 29, 2014, which is the date of delivery of the copy of the claim and the application for change of cause of this case, until October 13, 2015, and from the next day to the date of full payment.