차용금
1. The Defendant: (a) KRW 36,00,000, and 5% per annum from September 17, 2015 to January 13, 2016, respectively, to the Plaintiff.
In full view of the purport of each statement in Gap evidence Nos. 1 through 4 (including additional numbers), with respect to the claim for the construction cost incurred after the plaintiff performed the construction work after being awarded a contract for the construction work at a construction site, such as a new construction of a multi-household house located in Ulsan-gun, Chungcheongnam-do, and thus, the plaintiff and the defendant settled the remaining construction cost to be paid by the defendant to the plaintiff on June 12, 2014 at KRW 50,000,000, which was set out and delivered by the defendant on June 30, 2014. The plaintiff was paid KRW 14,000,000 out of the above money by the defendant on August 20, 2014.
According to the above facts, the defendant is obligated to pay the remaining construction cost of 36,000,000 won to the plaintiff (=50,000,000--14,000,000) and damages for delay, unless there are special circumstances.
As to this, the defendant asserts that the defendant paid the plaintiff KRW 5,00,000 on December 19, 2013, and KRW 10,000,00 on March 12, 2014, respectively, to the plaintiff.
The defendant's assertion is without merit, since there is no evidence to prove the above facts (the defendant was unable to appear on the date for pleading and the evidence was not submitted at all).
(1) The defendant's assertion is reasonable in light of the empirical rule to deem that the plaintiff and the defendant calculated the settlement amount to 50,000,000 by reflecting all the payment details before the settlement of the construction cost on June 12, 2014. Therefore, the defendant's assertion to the plaintiff is without merit. Accordingly, since September 17, 2015, which is the day following the delivery date of the original copy of the payment order of this case, as the payment order of this case, the defendant raised an objection against the existence or scope of the obligation of this case from September 17, 2015 to January 13, 2016, which is the date of the original copy of the payment order of this case, 5% per annum under the Civil Act, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.