공사대금
The defendant shall pay 35,178,100 won to the plaintiff and 12% per annum from March 6, 2020 to the day of complete payment.
1. Basic facts
A. The Plaintiff is a person who is engaged in the tesenal construction business under the trade name of “C” (the Plaintiff’s husband D) and the second floor of the commercial building located in Pyeongtaek-si (hereinafter “instant main shop”). The Plaintiff was responsible for the instant construction project (hereinafter “instant construction project”). (b) On May 21, 2018, the Plaintiff submitted a estimate of KRW 36,39,590 on the side of the instant main shop, and submitted a estimate of KRW 5,178,100,00, which included the additional construction on July 26, 2018.
(c)
The Plaintiff received, as the instant construction cost, KRW 10 million from the Defendant on May 23, 2018, and KRW 20 million from G on June 11, 2018, and KRW 5 million on July 4, 2018, respectively, respectively, and received payment from G.
(d)
The Plaintiff delivered the instant main points upon completion of the instant construction, but did not receive the payment of KRW 35,178,100 for the remainder of the construction up to now (=5,178,100 - 20 million).
【Ground of recognition】 The non-contentious facts, Gap evidence Nos. 1-3 and 8, and the purport of the whole pleadings
2. Summary of the parties’ assertion
A. On May 23, 2018, the Defendant entered into a contract with the Plaintiff for interior interior interior interior interior interior design works with G and H to operate the instant main points.
Accordingly, after commencing the instant construction work on May 23, 2018, the Plaintiff completed construction on August 20, 2018, and transferred the instant main points to the Defendant side.
However, the defendant's side does not pay 35,178,100 won for the remainder of the construction work. Thus, the defendant is obligated to pay 35,178,100 won for the remainder of the construction work and damages for delay.
B. The main points of this case are operated by G independently, and the defendant and H are merely an investment of KRW 40 million in G. Therefore, the construction contract of this case is subject to the construction contract of this case.