물품대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Facts of recognition;
A. On March 3, 2015, the Defendant was awarded a contract with C for production and installation of PIPING SPOL (the details of the construction works are those pertaining to shop/spool production and installation, Field production and installation, Hydro Association, steacing, first-handing, and pipe installation, and hereinafter referred to as “the instant original works”) at KRW 135,00,000 (Additional Map).
B. On March 4, 2015, the Defendant subcontracted the part of the instant construction work to the Plaintiff with “Hop/spool production, Field production and installation,” “Hydor Tydroest” in the instant construction contract (Evidence A No. 1) appears to be a clerical error in the “Hydroest.”
(hereinafter the Plaintiff’s subcontracted construction work from the Defendant is called the instant construction work, and the contract between the original Defendant on the instant construction work is the instant construction contract (hereinafter “instant construction contract”).
On June 30, 2015, the Plaintiff completed the instant construction work.
The Defendant paid the Plaintiff KRW 57,500,000 out of the construction cost of KRW 70,000,000 under the instant construction contract, and did not pay the remainder of KRW 12,50,000.
【Fact-finding without dispute over the ground for recognition, Gap evidence 1 through 8, Eul evidence 1, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the Defendant shall pay the Plaintiff the amount of KRW 12,500,000 unpaid construction cost, and the amount calculated by applying 5% per annum under the Civil Act from July 1, 2015 to May 3, 2016, which is the day following the completion date of construction, and 15% per annum under the Act on Special Cases concerning the Promotion of Legal Proceedings, etc. from the next day to the day of full payment.
B. On the part of the Defendant’s argument, the summary of the instant construction contract is as follows: “Shop/spool production, installation and installation of Field production, and Hydro Test” other than “steacing, first-handing, and pipeline installation” (hereinafter “instant work”).
The Defendant did not perform all of the instant work.
In addition, this case.