공사대금
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
1. Facts of recognition;
A. The Plaintiff is a person engaged in shipbuilding and repair business under the trade name of “C”, and the Defendant is a company engaged in mechanical equipment construction business, etc.
B. In June 2019, the Defendant awarded a contract for vessel repair services to D, a vessel owned by the Southern Sea Fisheries Management Body (hereinafter “instant vessel”), and contracted the instant vessel mooring construction work (hereinafter “instant construction”) to the Plaintiff at KRW 66,00,000 (including value-added tax).
C. Around July 12, 2019, the Plaintiff completed the instant construction and the instant vessel was departing from the port.
According to Gap evidence No. 5, the plaintiff and the defendant paid 66,00,000 won for construction work on July 3, 2019 (including value-added tax; hereinafter the same shall apply) to the plaintiff on June 28, 2019. The defendant agreed to pay 11,000,000 won to the plaintiff on June 27, 2019 after completing the Shaf (SAFT), and the remaining 27,50,000 won after completion of the work, and the plaintiff reached an agreement to pay 17,50,000 won to the defendant on June 17, 2019 within five days from the date of departure after completion of the confirmation of the head of the agency. In light of the above agreement, the ship's last tax invoice was issued to the defendant on July 11, 200,000 won on July 8, 2019; 16,000 won on July 27, 2009.
The Defendant paid KRW 5,00,000 to the Plaintiff out of the above construction cost.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination
A. According to the facts seen earlier prior to the determination of the cause of the claim, the Plaintiff completed the instant construction project. As such, the Defendant, after the payment date, was 11,00,000 won unpaid construction cost, and 5% of the Civil Act from August 1, 2020 to October 18, 2019, which is the delivery date of a copy of the instant complaint, as claimed by the Plaintiff, and the next day to the date of full payment.