공사대금
1. The Defendant shall pay to the Plaintiff KRW 37,137,50 and the interest rate of KRW 15% per annum from May 14, 2016 to the date of full payment.
1. Basic facts
A. The plaintiff is a company that executes construction work such as the development of groundwater, and the defendant is a company that engages in hot spring development business at a three-party city.
B. The Plaintiff, who was awarded a contract for excavation work of hot spring hole (No. 2) within 365 Won-e., Chang-gu, Suwon-si, Changwon-si. In the 2nd century, was not paid KRW 37,137,500 out of the price.
B. On August 3, 2012, the Plaintiff paid the unpaid construction cost from the Defendant, the ordering person of the above excavation work, within 30 days after designating the hot spring district and approving the development plan.
“Preparation of a direct non-performance certificate” has been received.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff asserts that the Defendant shall pay the unpaid construction price to the Plaintiff in accordance with the certificate of direct payment on August 3, 2012, and the Defendant asserts that the payment of the unpaid construction price shall be made, but the designation and development plan of the hot spring district shall not be approved, so the said construction price shall not be paid.
B. In the case of a juristic act to which additional note 1 attached, it is reasonable to view that if the facts indicated in the additional note do not occur, the obligation should be fulfilled. In a case where it is reasonable to view that the occurrence of the indicated fact should be performed not only when the indicated facts occur, but also when it becomes final and conclusive if the counterclaim does not occur, it shall be deemed that the fixed time limit is not fixed. Therefore, in a case where certain facts are attached to the repayment of the obligation already borne, unless there are special circumstances, it shall be deferred, and it shall be time when the facts have not occurred or have not occurred within a considerable period of time, as well as when the facts have not occurred.