A. On November 1, 2016, the Plaintiff concluded a subcontract with the Defendant during the period from November 1, 2016 to December 10, 2016, with the period from November 1, 2016, the roof board construction work (hereinafter “instant construction work”) among the new construction works of the D neighborhood living facilities in racing-si (hereinafter “instant construction work”).

(hereinafter “instant contract”). B.

Upon completion of construction, the Plaintiff issued a tax invoice on November 8, 2016.

C. The Defendant’s worker in charge of the instant construction was the Defendant’s director C, and the Plaintiff brought a lawsuit against C in relation to the instant construction project, seeking payment of the construction cost of KRW 88 million, and received a favorable judgment.

(Seoul District Court Decision 2018Kadan162, hereinafter referred to as "pre-trial judgment"). [The grounds for recognition] of no dispute, entry in Gap evidence 3, 4, 5, 6, and 7, and the purport of the whole pleadings.

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the construction price to the plaintiff.

However, with respect to the remaining construction cost, the Defendant alleged that C would deduct the amount of KRW 25 million, which the Plaintiff received from the Plaintiff in relation to the above construction cost, from the construction cost of this case, and that the remaining construction cost remains thereafter, is KRW 80,000 (excluding surtax). Although the Plaintiff does not clearly recognize it, the amount claimed by the Plaintiff in the preceding judgment was also KRW 88,00,000,000, and the Plaintiff subsequently reduced the claim amount of KRW 88,000 on the date for the second pleading of this case, it is reasonable to deem the remainder of construction cost as KRW 88,00,000 (including surtax).

Therefore, the Defendant’s payment of KRW 88 million under the instant contract and its payment to the Plaintiff from December 11, 2016 to December 16, 2019, the delivery date of a copy of the instant complaint, which is the day following the completion date of construction under the instant contract, shall be 5% per annum and 5% from the next day to the day of full payment.