공사대금
1. The Defendant’s KRW 20,234,00 for the Plaintiff and KRW 6% per annum from December 1, 2014 to December 21, 2016.
1. In full view of the written evidence evidence Nos. 5 and 6, the Defendant prepared a payment confirmation statement stating that “the Plaintiff, a subcontractor, shall be paid KRW 20,234,500 until November 30, 2014,” among the large-scale repair works in the East Man-do basin, shall be paid for KRW 20,234,50 in relation to underground floor walls.”
Therefore, the defendant should pay KRW 20,234,50 to the plaintiff according to the above payment certificate.
2. As to this, the Defendant asserted to the effect that, as Nonparty D’s subcontractor, applied for a payment order against the Defendant regarding the construction agreement amounting to KRW 676,60,000 related to the construction work as stated in the above 1. Paragraph (1), the Defendant cannot respond to the Plaintiff’s claim. However, the Plaintiff’s claim cannot be rejected solely on such circumstance, and it cannot be a legitimate ground for defense.
3. Therefore, the Defendant is obligated to pay to the Plaintiff 20,234,000 won with 6% interest per annum as stipulated by the Commercial Act from December 1, 2014, which is the day immediately following the date of payment, to December 21, 2016, and 15% interest per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. Thus, the Defendant is obligated to accept the Plaintiff’s claim and decide as per Disposition.