공사대금
1. The Defendant’s KRW 297,00,000 as well as 5% per annum from June 6, 2012 to July 23, 2015 to the Plaintiff.
1. Facts of recognition;
A. On March 20, 2010, the Defendant awarded a subcontract to the Plaintiff on March 20, 2010, with the term “construction cost: KRW 297 million (including additional tax) and the construction period: from March 20, 2010 to December 31, 2010, for the fire extinguishing equipment construction works among the construction works for the Saemangeum Sc World Living Facilities located in the Gun, Do-dong 83-3 and 80-4 of the same Act (hereinafter “the instant construction works”).
B. On December 15, 2010, the Plaintiff changed the instant construction period with the Defendant to “from March 20, 2010 to June 30, 201” (hereinafter “instant first amendment contract”) and changed to “from March 20, 2011 to June 10, 2012” (hereinafter “the instant second amendment contract”).
C. From March 20, 2010, the Plaintiff commenced the instant construction and received a certificate of completion inspection of fire-fighting systems in the name of new development from the chief of the military fire station on June 5, 2012, five days before the completion date of the construction under the instant second modification contract.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of determination as to the cause of the claim, it is reasonable to view that the Plaintiff completed the instant construction and delivered the object of the instant construction to the Defendant on or around June 5, 2012 upon receipt of a certificate of completion of fire-fighting systems inspection.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff 297 million won for the construction price of this case and the damages for delay at each rate of 5% per annum under the Civil Act from June 6, 2012 following the date of delivery of the original application for the payment order of this case to July 23, 2015, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, as the Plaintiff seeks from the next day to the date of full payment.
The plaintiff claimed for the payment of damages for delay from June 5, 2012, which is the above extradition date.