beta
Text
1. The defendant shall pay 43,310,000 won to the plaintiff and 12% per annum from April 21, 2020 to the day of complete payment.
Reasons
1. Basic facts
A. On January 11, 2019, the Defendant received a supply of portable construction cost of KRW 204,00,000 (excluding value added tax) from C Co., Ltd. (hereinafter “C”) to the construction cost of the complex building construction project on the D-based residential premises located in Busan-gun, Busan-gun.
B. On September 2019, the Plaintiff received sewage supply from the Defendant (hereinafter “the instant construction contract”) at KRW 58,000,000 for the construction cost of the instant construction project (i.e., the total construction area of KRW 1,272; hereinafter “instant construction project”) during the instant construction project (i.e., the instant construction project”).
While the Plaintiff performed the instant construction project, the construction area has been reduced to 252 square meters, and the Plaintiff and the Defendant calculated the actual construction area of the instant construction project at 1,020 square meters. Detailed details and the construction amount related to the settlement of the said construction area are as listed below.
(d)
The Plaintiff completed the instant construction work, and the Defendant paid the Plaintiff KRW 5,00,000,000, respectively, as the construction cost of the instant case, to the Plaintiff on November 9, 2019, and around January 23, 2020.
[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4 through 7 (including various numbers), and the purport of the whole pleadings
2. Determination
A. According to the above findings of determination as to the cause of the claim, the construction cost of the instant construction contract was settled at KRW 50,810,000.
Unless there are special circumstances, the defendant is obligated to pay damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 21, 2020 to the date of delivery of a copy of the complaint of this case, as the plaintiff seeks, after deducting the payment amount of KRW 7,500,000 (=2,500,000) from the payment amount of KRW 5,000 (=50,810,000 - 7,500,000), and as the plaintiff seeks, from April 21, 2020 to the date of full payment.
B. The defendant's judgment on the defendant's assertion is made by C.