공사대금
1. The Defendant’s KRW 48,655,200 with respect to the Plaintiff and the rate of KRW 15% per annum from January 13, 2016 to the full payment date.
(b) the facts of the basis;
A. The Plaintiff organized a joint supply and demand organization with the elevator instead of the non-party company company (hereinafter “new elevator”), and took charge of manufacturing, selling, etc. of the elevator, and instead, shared the duties of the elevator to install the elevator.
B. On December 23, 2010, the Plaintiff entered into a contract with the Defendant for the manufacture, sale and installation of elevators with the following content (hereinafter “instant contract”) on behalf of the said joint contractors.
Article 1 (Details of Contracts) (1) Total contract amount of KRW 81,092,00 (including value-added tax) (2) The name of the construction site: Hyeong High School located almost 54, U.S. at the time of the payment (hereinafter “the construction site of this case”): The payment period: March 15, 201 * The automatic extension of the payment period as much as the number of delayed payment of the formation decision and the down payment delay. (4) The product/ model/number: - 20 persons for disabled - 20 persons for the fifth floor (hereinafter “the elevator of this case”). (5) The method and timing of payment
1. Contract deposit: Cash at the time of concluding a contract: 24,327,60 won: 48,65,200 won at the time of carrying in of materials, and any balance: 8,109,200 won at the time of issuing a certificate of inspection; and
2. A shall pay to B the part payments as provided for in the above 1 even if it is impossible for B to do any construction work due to delay of the construction work or other circumstances of A.
C. From the conclusion of the instant contract to May 2, 201, the Defendant paid the down payment of KRW 24,327,600 to the said joint supply and demand organization, which was five months after the conclusion of the instant contract. Accordingly, the joint supply and demand organization produced and shipped the instant elevator materials to the instant construction site on November 18, 201, and completed re-construction for the installation of the elevator. However, the Defendant suspended part payments due to the circumstance that the construction is suspended due to the financial difficulties in exercising the instant construction project.
On October 30, 2012, an elevator secedes from the above joint supply and demand company, and the plaintiff notified the defendant of this fact.