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1. The defendant shall pay 54,120,000 won to the plaintiff and 15% per annum from January 13, 2018 to the day of complete payment.
Reasons
1. Determination as to the cause of claim
A. The Defendant entered into a subcontract with the Plaintiff on November 24, 2015 with respect to construction work, such as Aluminum windows, etc., located in the East-si, East-si, East-si, Maco Engineering, which was supplied and supplied by the Defendant from Maco Engineering, on November 24, 2015, and the construction work price of the Plaintiff and the construction work price of KRW 1,034,00,000,00, and from November 19, 2015 to June 30, 2016, agreed on July 13, 2016 to change the construction period of the Aluminium panel work from 2,165 square meters to 2,617 square meters, and from 387 square meters in Pyeongtaek-si, which is a flat 3t luco resin, to the construction work period of KRW 1,09,200,71 (hereinafter referred to as “the construction period of each case”).
(2) The Plaintiff completed construction under the instant subcontract contract. The Defendant paid the Plaintiff KRW 1,037,080,000 in total as construction cost.
[Ground of recognition] Facts without dispute, Gap evidence 2-2 and 4, the purport of the whole pleadings
B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 13, 2018 to the date of full payment, as sought by the Plaintiff, a copy of the complaint of this case is served to the Plaintiff at KRW 54,120,000 ( KRW 1,091,200,000 - KRW 1,037,080), and as requested by the Plaintiff.
2. Judgment on the defendant's assertion
A. The summary of the Defendant’s assertion was modified by the Defendant’s change of the contract between Macco Engineering Co., Ltd., and the alteration of the contract is 2,403 square meters in the case of Aluminum City Panel Corporation, which is the balance of 2t Macco engineering, and is 387 square meters in the case of Aluminum Simplos.
Of the Plaintiff’s claim amount, KRW 5,560,445 of the KRW 5,560,445 of the Plaintiff’s KRW 214 square meters (2,617 square meters - 2,403 square meters) in Aluminum Panel Corporation (2,617 - 2,403 square meters) and Aluminium, which is a flat 3tb