공사대금
1. Defendant B Co., Ltd.: (a) KRW 160,000,000 and its amount from August 24, 2019 to November 21, 2019.
According to the overall purport of Gap's evidence Nos. 1 through 14 and arguments as to the claim against the defendant Eul corporation, the plaintiff who conducts construction business, etc. receives a contract from the defendant Eul corporation around March 2018 to 680,000 won for the new construction of multi-household housing on the 5th floor D, Ansan-si (including value-added tax) and completed the above multi-household housing around November 2018. The plaintiff completed the above multi-household housing on June 14, 2019 with the above defendant on June 14, 2019 when he received only a part of the construction payment from the above defendant, and the remaining construction payment amount is KRW 160,000,000 and the payment period is determined as July 10, 2019. However, it is reasonable to interpret that the defendant Eul corporation is exempt from its obligation to pay the above loans by the above time limit, and thus, the plaintiff is not exempt from its obligation to pay the above loans by the above time limit.
(See Supreme Court Decision 2018Da201702 Decided June 28, 2018 (see Supreme Court Decision 2018Da201702, Jun. 28, 2018). The remaining KRW 20 million can be acknowledged as having entered into an agreement on the settlement of accounts to be paid respectively within the period from July 24, 2019 to 30 days, which is the date of the preparation of the agreement. In light of the period of repayment, etc. of the above balance, it is reasonable to deem that a loan proposed between the original and the Defendant was impossible at the latest as of August 23, 2019, which is the date of the remainder as stipulated in the revised settlement agreement. Therefore, it can be deemed that not only the period of repayment of KRW 20 million, but also the maturity of KRW 140 million has arrived.
Therefore, Defendant B Co., Ltd. shall seek a lawsuit from August 24, 2019, which is the day following the due date for payment of the changed settlement agreement amounting to KRW 160 million, and from August 24, 2019, where it is deemed reasonable to dispute the existence or scope of the above Defendant’s obligation to pay to the Plaintiff, 6% per annum under the Commercial Act until November 21, 2019, and from the following day to the day of full payment.