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1. The Defendant’s KRW 5,747,734,400 for the Plaintiff and 6% per annum from January 1, 2015 to December 2, 2015, and the following.
Reasons
1. Judgment on the ground of the Plaintiff’s claim
A. 1) On August 26, 2013, the Plaintiff is a company specializing in the construction business, etc., and is a building Alley Fladas II from the Defendant to the Namdong-dong, Nam-gu, Incheon National Housing Site Development Zone C3-2 (hereinafter “instant building”).
2) As to the new construction project (hereinafter referred to as “new construction project of this case”)
(2) On July 9, 2014, the Plaintiff agreed to receive the total of KRW 6,587,734,400 (including value-added tax) from the Defendant, including the construction balance of the instant newly constructed building I, as well as the construction balance of the instant newly constructed construction project, within 30 days after completion of construction, on the basis that the Plaintiff and the Defendant agreed to receive the payment of the total of KRW 6,587,734,40 (including value-added tax) for the construction balance of the instant newly constructed construction project.
(A) According to Paragraph (5) of this Article, the balance of the construction cost is KRW 6,587,734,00 (including value-added tax), but Paragraph (8) of this Article provides that “6,587,734,400 (including value-added tax)” is “6,587,734,400 (including value-added tax) and the Defendant does not dispute the remainder of the construction cost as of July 9, 2014. Accordingly, the amount of said agreement is KRW 6,587,734,40) and thereafter the Plaintiff received from the Defendant a total of KRW 60,600,000,000,000 on September 5, 2014, and KRW 150,000,000,000,000 on October 1, 2014; and
4) Around December 2014, the Plaintiff completed the instant new construction project. The Plaintiff did not have any dispute over the grounds for recognition, each entry in Gap evidence Nos. 1 through 3, and the purport of the entire pleadings.
B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 5,747,734,400 (=6,587,734,400 - 840,000), and delay damages therefrom.
2. Judgment on the defendant's assertion
A. On January 27, 2015, the Defendant’s judgment on the assertion of payment in kind by assignment of claims shall be made with the future Korea Co., Ltd. on the ground of the Plaintiff’s request.