beta
Text
1. The Defendant shall pay to the Plaintiff KRW 36,50,000 and the interest rate of KRW 15% per annum from August 10, 2017 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On February 24, 2017, the Plaintiff engaged in construction business of steel structures, etc. with the trade name of “D,” but entered into a subcontract with the Defendant and Busan Jung-gu (hereinafter “instant construction work”) on the installation work of steel structures, etc. inside the steel structure, etc. inside the new construction site of the Defendant and Busan Jung-gu (hereinafter “instant construction work”). The construction cost is KRW 43,000,000 (excluding value-added tax) and the construction period is set at March 5, 2017, respectively.
B. On the other hand, on January 24, 2017, the Plaintiff received down payment of KRW 21,500,000 among down payment (excluding value-added tax) from the Defendant, and lent KRW 15,000,000 to the post office account in the name of F on the same day, and completed construction on March 5, 2017.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings
2. The assertion and judgment
A. According to the facts found in the above determination as to the cause of claim, the Defendant is obligated to pay the Plaintiff the remainder of the construction cost plus KRW 36,500,000 (=the remainder of the construction cost plus KRW 15,000,000) and the delay damages therefrom.
B. The defendant's argument as to the defendant's assertion is not accepted since the defendant's written subcontract agreement concerning construction works entered the construction cost in writing, and the actual construction cost is not KRW 43,00,000, but there is no evidence to acknowledge it.
C. Accordingly, the Defendant is obligated to pay to the Plaintiff the sum totaling KRW 36,500,000, including the balance of construction costs, and damages for delay calculated by the annual 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from August 10, 2017 to the date of full payment, which is obvious after the date of delivery of a copy of the complaint sought by
3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.