공사대금
1. The Defendant’s KRW 111,285,00 for the Plaintiff and KRW 5% per annum from August 6, 2013 to April 25, 2014.
On April 1, 2013, the Plaintiff entered into a contract with the Defendant for an additional construction project (hereinafter referred to as “instant additional construction project”) other than the matters stipulated in the instant construction contract (hereinafter referred to as “instant additional construction project”) on April 1, 2013; the construction cost of the instant additional construction project shall be KRW 210,00,000 (excluding value-added tax); the construction period shall be from April 1, 2013 to April 30, 2013 (hereinafter referred to as “instant construction contract”); and the Plaintiff and the Defendant decided to execute the additional construction project other than those stipulated in the instant construction contract (hereinafter referred to as “the instant additional construction project”); and the price of the additional construction project shall be KRW 37,00,000 (excluding value-added tax); the Plaintiff completed the instant additional construction project on or around July 2013; the Plaintiff did not dispute between the Defendant and the additional construction cost of the instant construction project; the Plaintiff’s totaled KRW 160,700,7000 x 301.
Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 111,285,00 (i.e., KRW 271,70,000 - KRW 160,415,00) and damages for delay calculated at each of the rates of 20% per annum under the Civil Act from August 6, 2013 to April 25, 2014, which is the delivery date of the original copy of the instant payment order, as sought by the Plaintiff after the completion date of construction.
As to this, the Defendant asserts that since construction work has been completed on October 20, 2013 after April 30, 2013, which was agreed upon by the Plaintiff as of April 30, 2013, the date of completion of construction work, the Plaintiff is obligated to pay 119,889,000 won for delay calculated by the ratio of 3/100 per day during the delayed period of construction work for 231,00,000 won to the Defendant, and that the Defendant did not pay the construction cost to the Plaintiff if deducted from the Plaintiff’s claim for construction payment.
However, the plaintiff completed the construction work after the expiration of the agreed construction period.