공사대금
1. The Defendant shall pay KRW 65,921,00 to the Plaintiff the annual rate of KRW 15% from May 8, 2015 to the date of full payment.
1. The following facts may be acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 through 5, and there is no counter-proof.
On May 2013, the Plaintiff completed the said construction by being awarded a contract with the Defendant for a multi-household house construction project in Changwon-si B and C, Changwon-si, Changwon-si, and multi-household house construction project in KRW 1,087,00,000 (Additional Tax). However, the Plaintiff was not paid an amount equivalent to KRW 65,921,00 (hereinafter “the instant balance of construction project”).
B. Accordingly, on July 31, 2014, the Defendant: (a) drafted and delivered to the Plaintiff a detailed statement of non-payment of the construction price that recognizes the payment of the remainder of the construction project in this case; and (b) instead of paying the remainder of the construction project in this case, drafted and issued a complete sale certificate with the content of selling D building 201, a new building constructed by the instant construction project, and the Plaintiff sold D building 201 to a third party and the Plaintiff actually received the amount equivalent to the remainder of the construction project in this case; and (c) agreed that the claim for the remainder of the construction project in
C. Meanwhile, on September 23, 2014, the Defendant sold D Building 201 units to E at will without the Plaintiff’s consent, and completed the registration of ownership transfer for B lending, but did not pay the Plaintiff the remainder of the construction project in question.
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 65,921,000 for the remainder of the construction project of this case and damages for delay calculated at the rate of 15% per annum from May 8, 2015 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.
3. Judgment on the defendant's assertion
A. The Defendant claiming payment is limited to KRW 250 million for the construction cost corresponding to the Plaintiff’s construction cost, and the remainder was directly executed by the Defendant, and the construction cost corresponding to the Plaintiff’s construction cost is entirely paid to the Plaintiff.