공사대금
1. The Defendant shall pay 21,450,000 won to the Plaintiff and 20% per annum from May 2, 2015 to the day of complete payment.
In full view of the purport of Gap evidence Nos. 1 and 2 as well as the purport of the entire arguments, it is acknowledged that the plaintiff completed construction works by subcontracting the 38th National Highway C. and the defendant around September 7, 2013, and thereafter, upon the plaintiff's claim for construction cost, the plaintiff and the defendant determined the above construction cost as 2,1450,000 won (including additional tax) between the plaintiff and the defendant. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 2,1450,000 won of the above construction cost and damages for delay calculated at the rate of 20% per annum from May 2, 2015 to the date of complete payment, as requested by the plaintiff, from May 2, 2015 to the date of delivery of the original copy of the payment order of this case.
In regard to this, the defendant alleged to the effect that the plaintiff's provisional attachment (which seems to have been provisionally attached to the defendant's claim against the ordering person of the above construction) deposited the money, and thus the plaintiff cannot comply with the plaintiff's claim. Thus, the defendant must prove that the plaintiff was unable to receive the distribution in the deposit payment procedure at the date of pleading of this case. Thus, the defendant should prove that the plaintiff's claim for the construction payment was fully or partially repaid with the deposit money
Therefore, the defendant's above assertion cannot be accepted.
The plaintiff's claim of this case is justified and accepted.