공사대금
1. The Defendant’s KRW 360,000,000 as well as 6% per annum from May 9, 2012 to November 3, 2014 to the Plaintiff.
1. The Plaintiff and the Defendant concluded, on December 18, 201, a contract for construction works under the terms of the Plaintiff’s assertion as to the cause of the Plaintiff’s claim, which the Plaintiff and the Defendant concluded on December 18, 201, with the construction cost of KRW 88,3.5 million, and the construction period of construction from December 18, 201 to May 8, 2012; the Plaintiff completed the said construction works on May 8, 2012; the fact that the Defendant paid KRW 523,50,000 to the Plaintiff out of the construction cost does not conflict between the parties, or that the Defendant paid KRW 52,3.5 million to the Plaintiff, based on the entire purport of the pleadings in the statement in subparagraph 1
According to the above facts, the defendant is obligated to pay to the plaintiff the construction price of KRW 360 million (883.5 million - 500 million - 520 million - 3.5 million) and damages for delay, unless there are special circumstances.
2. As to the judgment on the Defendant’s assertion, the Defendant sold the above construction site to D on April 26, 2012, and D acquired the above construction contract and concluded a new construction contract with the Plaintiff, the Defendant asserts that the obligation to pay the above construction cost was exempted. However, there is no evidence to acknowledge that D acquired the above construction contract and concluded a new construction contract with the Plaintiff. Thus, the Defendant’s assertion is without merit.
3. In conclusion, the Defendant is obligated to pay the Plaintiff the amount of KRW 360 million for the payment of the unpaid construction cost, and the amount of delay damages calculated at the rate of 6% per annum as stipulated by the Commercial Act from May 9, 2012 to November 3, 2014, the delivery date of a copy of the complaint in this case, and 20% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment. Thus, the Plaintiff’s claim is justified, and it is so decided as per Disposition.