A. The Plaintiff is an individual entrepreneur who carries out waterproof, painting, and painting construction with the trade name of D, and the Defendant is a corporation carrying on construction business.

B. The Plaintiff was subcontracted with the Defendant’s seal construction work as follows.

1) On February 10, 2019, the Plaintiff entered into a second subcontract with the Defendant on February 10, 2019 to February 20, 2019 with respect to painting works, with respect to which the construction period is KRW 7,700,00 (including value-added tax) from February 10, 2019 to February 20, 2019; and on March 30, 2019, with respect to painting works, with respect to which the construction period is KRW 14,30,000 (including value-added tax) from February 20, 2019 to April 3, 2019; and on which the Plaintiff entered into a subcontract with the Defendant on July 1, 2019 to July 10, 2019 to July 10, 2019; and on which the construction period is KRW 10,000,000 (including value-added tax).

C. The Plaintiff completed the above seal construction work and urged the Defendant to pay the construction price, but has not been paid so far.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 43,000,000 (= KRW 7,700,000 KRW 14,300,000) and the damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 19, 2019 to the date of full payment, which is the day following the delivery of a copy of the complaint of this case.

B. The defendant's assertion argues that since the plaintiff damaged the housework, etc. to the defendant's office without any notification, the defendant cannot pay the price before the completion of the criminal case.

The plaintiff seems to have damaged part of the defendant's office's office's house in the course of demanding the payment. However, the plaintiff's assertion of set-off in the construction cost is aside from the fact that the amount of damages is proved.