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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On October 27, 2017, the Defendant ordered “C Formation Design and Artificial Design Services” (hereinafter “instant services”) from Ulsan-gu, Ulsan-gu, and subcontracted the design work on the interior part among them to the Plaintiff.
B. On March 22, 2018, the Plaintiff and the Defendant entered into a service contract with the content that the contract amount of the existing subcontract is changed from KRW 30,000,000 to KRW 34,00,000 (hereinafter “instant contract”).
The main contents of the instant contract are as follows.
d.Service (Change) Agreement
1. Design and interior design services for the development of title C, and for the design of interior works;
2. The sum of the 34,000,000 Won (Won 34,00,000) of the contract amount;
3. Advance payment of the price: 15,000,000 won (pre-payment) and balance payment of the price within three days from the date of settling the order placing an order;
6. The basis is to complete the service closing date by March 31, 2018, and where there are reasons for delay, such as additional requests for change, the good will be adjusted through consultation.
C. Around April 2018, the Plaintiff performed the instant contractual services, and the Ulsan-gu, the ordering authority, paid the construction price to the Defendant around May 17, 2018.
The Defendant paid KRW 15,00,000,000 to the Plaintiff on November 16, 2017, and KRW 15,000,00 on June 11, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 7, 8, 9, 10 (including paper numbers), the purport of the whole pleadings
2. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum from June 19, 2018 to the date of full payment, which is clear that it is the next day after the Plaintiff’s original copy of the instant payment order was served on the Defendant after the payment date of service charges and agreed service charges.
3. Determination as to the defendant's assertion
A. The Defendant asserted incomplete performance, and the instant case around May 15, 2018.