공사대금
1. The defendant shall pay 42,60,000 won to the plaintiff and 15% per annum from March 1, 2018 to the day of complete payment.
The following facts may be deemed to have no dispute pursuant to Article 150(1) and (3) of the Civil Procedure Act, or may be acknowledged by adding the whole purport of the pleadings to each description of evidence A1 through 7.
① On June 22, 2013, the Plaintiff entered into a contract with the Defendant on June 22, 2013, stipulating that civil engineering works among the new construction works of factories located in B in B, as the price for 138.6 million won (including value-added tax) and the period from June 30, 2013 to August 30, 2013, and that progress payment shall be paid in cash once a month.
② On July 2013, the Plaintiff claimed the Defendant for the payment of KRW 70 million, but the construction was suspended due to the Defendant’s failure to pay the payment.
③ On October 14, 2013, the Plaintiff issued a tax invoice for KRW 138.6 million to the Defendant on the Defendant’s request, and paid KRW 12.6 million of value-added tax.
④ Around March 12, 2014, the Plaintiff and the Defendant agreed to settle the construction price of KRW 82.6 million (the above progress payment of KRW 70 million plus KRW 12.6 million), and received KRW 4 million from the Defendant during the period from March 14, 2014 to March 17, 2014. < Amended by Act No. 12505, Mar. 14, 2014>
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the remainder of the construction cost of 42.6 million won (82.6 million won - 4 million won) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 1, 2018 to the date of full payment, as the plaintiff seeks.
Therefore, we decide to accept the plaintiff's claim and it is so decided as per Disposition.