공사대금
1. The Defendant shall pay to the Plaintiff KRW 110,100,000 and the interest rate of KRW 15% per annum from October 28, 2016 to the date of full payment.
1. Comprehensively taking into account the respective descriptions and the entire purport of arguments as to the cause of the claim as to Gap evidence Nos. 1 through 4 (including the number of branch numbers), the plaintiff was awarded a subcontract for the panel construction among the new construction works of the Cheongcheon Recycling Facility contracted by the defendant by the non-party company from the defendant on July 28, 2015 (hereinafter "non-party company"). The defendant agreed to pay 172,700,000 won out of the construction cost to be paid to the non-party company on September 14, 2015 (hereinafter "the construction cost in direct payment"), and the plaintiff completed the remaining construction after completion, but the defendant paid 62,60,000 won out of the construction price in direct payment to the plaintiff through the non-party company on December 18, 2015.
According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remaining construction cost of KRW 110,100,000 and damages for delay calculated at the rate of 15% per annum from October 28, 2016 to the day of complete payment, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff.
2. As to the Defendant’s assertion, the Defendant paid the construction price of KRW 426,510,304 to the Nonparty Company on December 17, 2015, and the Nonparty Company remitted the following day to the Plaintiff KRW 100,00,500 to the Plaintiff, and thus, the amount should be deducted from the paid construction price. However, in the instant case where the Plaintiff asserted that several recommended subcontracting projects had been carried out between the Plaintiff and the Nonparty Company at the time, there is no evidence to acknowledge that the Plaintiff paid the said KRW 62,60,00 as the paid construction price.
3. Conclusion, the plaintiff's claim is justified and acceptable.