공사대금
1. The Defendant shall pay to the Plaintiff KRW 528,692,560 and the interest rate of KRW 15% per annum from April 7, 2016 to the date of complete payment.
1. The Defendant, who is the contractor, is obligated to pay the price for the work following the cancellation of the instant construction contract to the Plaintiff, who is the contractor. Since the Defendant’s representative director signed a written confirmation of the payment of the construction cost of KRW 598,018,00 and confirmed the construction cost, the Defendant is obligated to pay the Plaintiff the remaining construction cost of KRW 528,692,560, excluding the payment of KRW 69,325,440, which was paid after the completion of the written confirmation of the construction cost.
2. Determination
A. Examining the determination on the cause of the claim, the Defendant established for the purpose of real estate development and implementation projects on July 17, 2015: (a) concluded a contract with the Plaintiff, who runs civil engineering and construction business on July 17, 2015; (b) the cost of construction for the construction of the building on the high-si Seo-gu B ground construction project (hereinafter “instant construction project”); (c) the period from September 23, 2015 to January 30, 2017; (d) the construction was suspended as of the end of 2015; (e) the Defendant’s representative director did not reach the agreement with the Plaintiff on July 3, 2016 on the ground that there was no dispute between the Plaintiff and the Plaintiff that the Plaintiff issued a written confirmation that the construction cost would be 153,282,000 won, excluding the amount paid, and the remainder of the construction cost would be 598,000 won to the Plaintiff; or (e) the Plaintiff’s written confirmation that the construction cost would be unpaid.
According to the above facts, the instant construction contract was cancelled by the Plaintiff’s declaration of rescission due to the Defendant’s nonperformance, and thus, the Defendant is obliged to pay the unpaid construction cost to the Plaintiff until the discontinuance of construction works.