Text
1. The Defendant: (a) KRW 33,00,000 and the Plaintiff’s annual rate from May 30, 2018 to December 12, 2019.
Reasons
1. Facts of recognition;
A. On October 12, 2017, the Defendant entered into a construction contract with the Plaintiff on the construction of medical facilities located in Ulsan-gun, Ulsan-gun, by stipulating that construction cost of KRW 132 million shall be paid (including additional taxes), the construction period from October 18, 2017 to March 15, 2018; the progress payment once a payment month; and the completion payment within 15 days after completion (hereinafter “instant construction contract”).
B. On May 14, 2018, the Plaintiff was issued a certificate of completion of fire-fighting systems after completing the instant construction.
C. On January 17, 2018, the Defendant paid to the Plaintiff KRW 95.7 million in total, including KRW 73.7 million and KRW 2 million on February 14, 2018, as the price under the instant construction contract.
[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 5, Eul evidence 1, the purport of the whole pleadings
2. Determination:
A. According to the facts of the determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff 30,000 won calculated by deducting 95,770,000 won from the construction cost of the instant construction contract from the amount of KRW 132,00,000 for the construction cost of the instant construction contract and KRW 3,300,000,000,000 paid by the plaintiff as the settled amount of the D company ( KRW 132,000,000 - KRW 95,70,000 - KRW 3,300,000) and damages for delay calculated at the rate of 15,000,000 after the completion of the instant construction work from May 30, 2018 until December 12, 2019, which is reasonable for the defendant to dispute on the existence and scope of the obligation to perform; and
From May 30, 2018 after 15 days from the date of completion of the instant construction work, the Plaintiff sought a payment of interest for delay calculated at the rate of 0.1% per day, which is equal to the rate of interest for delay. However, as in the liquidated damages for delay, the interest for delay paid should be agreed between the parties as well as the liquidated damages. Article 23(4) of the instant construction contract provides that the ordering person shall pay the interest for delay.