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1. The Defendant’s KRW 217,429,00 for the Plaintiff and 6% per annum from August 1, 201 to January 9, 2014.
Reasons
1. Basic facts
A. In around 2011, the Plaintiff received a contract from the Defendant for construction work for Busan Multi-Family Housing (hereinafter “instant construction work”) with the construction cost of KRW 778,694,400, and the construction cost of the instant construction work was KRW 550,000 (hereinafter “construction cost”).
B. The Defendant paid KRW 237,571,00 among the instant construction cost to the Plaintiff, and agreed to pay the remainder of KRW 317,429,00 (=55,00,000 – KRW 237,571,00; hereinafter “the remainder of the instant construction cost”) by July 31, 201.
C. As the Defendant did not pay the remainder of the construction cost of this case, the Plaintiff filed a lawsuit against the Defendant for the payment of KRW 100,000,000 out of the remainder of the construction cost of this case (Dasan District Court 2012Kadan16205) and rendered a judgment on November 9, 2012 that “the Defendant shall pay to the Plaintiff 10,000,000 won and interest thereon at the rate of 6% per annum from August 1, 2011 to February 29, 2012, and 20% per annum from the next day to the date of full payment”, and the said judgment was finalized on November 29, 2012.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay the Plaintiff the remainder of the construction price of this case 217,429,000 won, excluding the remainder of the construction price of this case 10,000 won, and the amount calculated by the annual rate of 6% per annum under the Commercial Act from August 1, 2011 to January 9, 2014, which is the delivery date of the complaint of this case, and 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
B. The defendant's assertion is that C shall carry out the instant construction by lending the name from the plaintiff, and C shall pay the name lending fee, industrial accident insurance money, value added tax, etc. (hereinafter "title lending fee, etc.") to the plaintiff, and the defendant shall pay it to the plaintiff.