공사대금
1. The Defendant’s KRW 161,70,000 as well as 6% per annum from December 11, 2015 to January 28, 2016, and the following.
Presumed confession: On November 3, 2015, the Plaintiff received subcontract from the Defendant and completed the construction work in the amount of KRW 161,700,000 among the new construction works of the Incheon Mapo High School that was contracted by the Defendant at the ordering office.
The Defendant agreed to pay the construction price to the Plaintiff within ten (10) days after receiving the construction price from the ordering office. However, even when receiving the construction price on November 30, 2015 from the ordering office, the Defendant did not pay KRW 161,700,000 to the Plaintiff.
The conclusion: The defendant is obligated to pay to the plaintiff 161,70,000 won for the construction price and damages for delay calculated at each rate of 6% per annum under the Commercial Act from December 11, 2015 to January 28, 2016, which is the service date of the original copy of the payment order, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of the full payment.