beta
Text
1. The Defendant’s KRW 66,00,000 as well as 6% per annum from May 29, 2019 to July 9, 2020 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 1, 2018, the Plaintiff received the supply of and demand for fire-fighting construction works, construction cost of KRW 200,000 (excluding value-added tax), and construction period from September 1, 2018 to March 31, 2019, among the construction works of building E in Busan-si, the Defendant performed by the Defendant.
B. The Plaintiff completed the construction on May 28, 2019 and handed over the object.
C. Among the construction cost, 100,000,000 won and value-added tax thereon were paid by the Plaintiff, and 40,000,000 won were paid by the Defendant in direct payment to the head of the Plaintiff’s site.
【Ground for recognition】 The fact that the plaintiff was the person, each entry in Gap evidence Nos. 1 through 4, and the purport of the whole pleadings
2. As to the Plaintiff’s assertion as to the completion date of the construction, the Plaintiff asserted that the construction was completed and delivered the object until March 31, 2019, which is the deadline for the construction agreed, but there is no evidence to acknowledge it. According to the evidence No. 2, the fire-fighting system completion inspection certificate was issued on May 28, 2019. Thus, it is deemed that the construction is completed and the object is delivered at that date.
3. If the defendant's duty is the defendant's duty, the defendant is obligated to pay 66,00,000 won (= 60,000,000 won for construction price + 100,000 won - 40,000 won - 40,0000 won for value-added tax of - 40,000), which has not been paid to the plaintiff, and to pay damages for delay calculated at each rate of 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from May 29, 2019 on the day following the date when the plaintiff completed the construction and delivered the object to the plaintiff.
Plaintiff
The claim is justified within the scope of the above recognition, and the remaining claims are dismissed. It is so decided as per Disposition.