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1. The Defendant shall pay to the Plaintiff KRW 254,062,60 and the interest rate of KRW 15% per annum from February 12, 2016 to the date of full payment.
Reasons
1. On May 26, 2015, the Plaintiff entered into a subcontract with the Defendant for construction works to be newly constructed B during the construction period from June 1, 2015 to November 30, 2015; the construction amount to be KRW 300,00,000 (additional tax separate); and the payment period to be set aside within 15 days from the date the Defendant received construction payment from the west Co., Ltd., the ordering person; on August 31, 2015, the Plaintiff entered into a subcontract for construction works to be changed to KRW 451,00,000,000; and completed the said subcontract.
However, the Defendant merely paid 196,937,400 won to the Plaintiff even after receiving the payment of the construction cost from the Appellant Co., Ltd., the ordering person, and did not pay the remainder of 254,062,60 won. Thus, the Defendant seek the payment of the said payable amount and the damages for delay.
2. Judgment with no applicable provisions of Acts (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);