공사대금
1. The Defendant shall pay to the Plaintiff KRW 145,00,000 and the interest rate of KRW 15% per annum from May 12, 2015 to the date of full payment.
1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1, 2, 3, 4, Eul evidence Nos. 1 and 2 as to the cause of the claim and the purport of the entire pleadings, the plaintiff entered into a construction contract between the defendant and the defendant on June 28, 2013 to September 30, 2013 with regard to the building construction of a commercial building in Yangsan City with a construction period of KRW 819,00,000 (hereinafter “instant contract”). The plaintiff completed the said construction, and the defendant paid the plaintiff KRW 674,00,000 out of the construction price, respectively.
According to the above facts, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 145,00,000 under the instant contract and damages for delay calculated at the rate of 15% per annum from May 12, 2015 to the day of complete payment, as the Plaintiff seeks.
2. The defendant's assertion argues that the plaintiff's claim is unjustifiable, since the defendant made a special agreement that the plaintiff would not request the payment of the construction price for the first and second floor of the commercial building when the commercial building is leased at the time of conclusion of the contract of this case that the plaintiff would not request the payment to the defendant.
According to the statement of evidence No. 1, evidence No. 1, and evidence No. 1, in the item column of the contract of this case, "the construction cost of the second floor shall be replaced by the plaintiff as security deposit and not requested for payment to the defendant. The construction cost of the first floor shall be paid by the defendant. The construction cost of the first floor shall be paid to the plaintiff as security deposit." However, in light of the following circumstances comprehensively, the defendant shall not refuse the payment of the construction cost to the plaintiff on the basis of the above special agreement, and the defendant's argument is without merit.
① The Defendant’s payment of the construction price on a deposit basis for the first floor to the Plaintiff is set forth as financial resources or methods for the payment of the construction price.