공사대금
1. The Defendant’s KRW 34,870,00 for the Plaintiff and KRW 5% per annum from September 11, 2013 to January 14, 2016.
1. On July 9, 2013, the Plaintiff, with the trade name of “C”, engaged in the boiler cooling and heating facility business, concluded a construction contract with the managing director D, entrusted by the Defendant with the management office D, for the construction work of the Dongjak-gu Seoul Metropolitan Government B apartment mechanical boiler boiler (hereinafter “instant construction work”) on a construction cost of KRW 39,490,00 (including value-added tax) (hereinafter “the instant first contract”).
Until the time of the instant first contract, the Plaintiff did not complete the registration of construction business under Article 9 of the Framework Act on the Construction Industry. Based on the Defendant’s representative E, the Defendant’s representative E examined this issue, and the Plaintiff completed the construction business registration procedure on August 13, 2013 by making the type of business as Class 1 of the heating construction business, and then entered into a construction contract (hereinafter “the instant second contract”) with D on August 26, 2013, the construction cost of which was paid to KRW 34,870,00 (including value-added tax).
The Plaintiff completed the instant construction work on or around September 7, 2013 pursuant to the instant secondary contract, and delivered it to the Defendant on September 10, 2013.
The Plaintiff was charged with violating the Framework Act on the Construction Industry by engaging in construction business without registering the construction business as above and was sentenced to a fine of KRW 3 million by the Suwon District Court on September 3, 2014.
[Ground of recognition] A without dispute, Gap evidence Nos. 1-12, Eul evidence No. 2, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, since the Plaintiff completed the instant construction in accordance with the instant secondary contract, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 34,870,00 and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from September 11, 2013 to January 14, 2016, which is the date of this judgment, as the Plaintiff seeks from September 11, 2013, and from the next day to the date of full payment.