공사대금
1. The Defendant’s KRW 444,906,938 as well as 18% per annum from November 24, 2013 to December 24, 2015 to the Plaintiff.
1. Basic facts
A. On May 6, 2013, the Plaintiff and the Defendant entered into a contract for the following terms: (a) the Plaintiff’s construction of a kindergarten building (hereinafter “instant kindergarten building”) at the price of KRW 1.21 billion (including value-added tax) (hereinafter “instant construction”).
Standard contract for private construction works
1. Name of the Corporation: Construction of a kindergarten in Suwon-si B (a brief).
4. Date of completion: The contract amount on October 31, 2013: 1.21 billion won: Value-added tax of KRW 1.1 billion: The balance of KRW 110 million shall be paid in full within one month after completion.
The rate of arrears shall be 18% per annum when the requirements for the payment of construction price are delayed.
(A) The employer ordered the Defendant contractor
B. The standard contract for private construction works was accompanied by a quotation (No. 4). The said quotation states that “the part of the construction works other than the details” and “the separate part of the construction works other than the description” are stated in the said quotation.
(hereinafter referred to as “instant contract” in the foregoing contract.
After constructing the instant kindergarten building, on October 23, 2013, the Plaintiff obtained approval from the head of the competent district office for the use of the instant kindergarten building, and the Plaintiff transferred the instant kindergarten building to the Defendant.
The Defendant paid KRW 85 billion to the Plaintiff out of the construction cost under the instant contract.
[Reasons for Recognition] Unsatisfy, Gap 1-4, 6 evidence, the purport of the whole pleadings
2. The Plaintiff and the Defendant concluded the instant contract with the determination of the claim for the payment of the construction cost under the instant contract at KRW 1.21 billion. The Plaintiff and the Defendant set the payment deadline for the remainder of the construction cost under the instant contract at KRW 1.8% per annum after the completion of the payment deadline for the remainder of the construction cost under the instant contract, and the Plaintiff newly constructed the instant kindergarten building at KRW 1.8% per annum, and the Defendant obtained approval for the use of the instant kindergarten building from the head of the competent Gu on October 23, 2013.