공사대금
1. The Defendant shall pay to the Plaintiff KRW 35,257,273 and the interest rate of KRW 15% per annum from September 22, 2017 to the day of complete payment.
1. On or around December 11, 2015, the Plaintiff entered into a construction contract with the Defendant for the construction of 120,000,000 construction cost (excluding KRW 40,00,000 per Dong, and surcharges) and for the construction period from February 15, 2016 to April 30, 2016 (hereinafter referred to as the “construction contract in this case”) with respect to the interior construction for 24 households of multi-household housing located in 595-7 (3 Dongs) in reinforced Eup, Reinforcement-gun (hereinafter referred to as the “instant construction contract”), and the construction in this case was completed within the said construction period, but there was no dispute between the parties, or the fact that the Defendant did not receive KRW 35,257,273 out of the construction cost, and that it was recognized by evidence Nos. 1 and Nos. 1 through 3.
2. Determination
A. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the balance of the construction cost of KRW 35,257,273 and damages for delay calculated at the rate of 15% per annum from September 22, 2017 to the day of complete payment, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff.
B. As to the defendant's assertion and its determination, the defendant asserted that there is a defect in the construction of this case, and that the plaintiff cannot pay the unpaid construction price as the plaintiff did not issue a defective performance bond or tax invoice.
In light of the following: (a) it is difficult to view that there is a defect in the instant construction work solely on the basis of the statements in the evidence Nos. 4 through 6 submitted by the Defendant; and (b) there is no evidence to acknowledge that the Plaintiff concluded the instant construction contract and issued the defective performance bond to the Defendant; and (c) in light of the fact that the tax invoice is obligated to prepare and deliver the defective performance bond to the Defendant regardless of the receipt of the price under the Value-Added Tax Act, barring special circumstances, such as the existence of a separate agreement between the parties to the transaction, the obligation to issue the tax invoice