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1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 20% per annum from December 13, 2014 to the date of full payment.
Reasons
1. If Gap evidence Nos. 1, 2, and 3 showed the purport of the entire pleadings as to the cause of the claim, on October 18, 2013, the plaintiff was awarded a contract with the defendant for construction cost of KRW 77,000,00 (including value-added tax) and for construction period of October 31, 2013 for the interior panel and Chang Metal Corporation (hereinafter "subcontract") among the construction works of factory C factories located in Chungcheong-gun Group B located in Chungcheong-gun B (hereinafter "subcontract"), and the plaintiff started and completed the subcontracted work at that time. The plaintiff can be recognized as having been paid KRW 37,00,000 among the above construction cost by December 5, 2013. The defendant is obligated to pay the plaintiff the damages for delay calculated at the rate of KRW 40,00,000,000 not paid to the defendant and the damages for delay calculated at the rate of 21,2014.
2. As to the defendant's defense, the defendant agreed to pay the subcontract price of this case directly to the owner D and the plaintiff, and the defendant agreed to do so. Since D paid the subcontract price of this case to the plaintiff, it is argued to the effect that the defendant's obligation to pay the subcontract price of this case was fully repaid.
D decided to exempt the Defendant from the Defendant’s obligation to pay the subcontract price of this case.
The defendant's defense is without merit, since there is no evidence to prove that D paid the plaintiff with the obligation to pay the subcontract price of this case.
3. According to the conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.