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1. The Defendant shall pay to the Plaintiff KRW 96,00,000 and the interest rate of KRW 20% per annum from July 25, 2015 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff is a corporation that runs metal structure and creative construction business, and the Defendant is a corporation that runs a comprehensive construction business.
B. On September 26, 2014, the Defendant awarded a contract to the Plaintiff on September 26, 2014, with the amount of KRW 100,000,000 (excluding value-added tax) of the construction cost of the windows and metal construction among the construction works for the building works for the building works for the building facilities B in the military city B that the Defendant contracted from A, and the contract was concluded on October 31, 2014 from September 29, 2014
(hereinafter referred to as “instant subcontract contract”). (c)
On December 10, 2014, the Plaintiff completed the instant subcontracted project and the instant additional construction project, and on March 11, 2015, entered into an agreement with the Defendant on the settlement that the said subcontracted project and the additional construction cost are KRW 110,00,000 (excluding value-added tax) (hereinafter “instant agreement”).
However, the Plaintiff received only KRW 25,000,000 from the Defendant and did not receive the remainder.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 5, Eul evidence 1 and 2, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of claim, the defendant is obligated to pay to the plaintiff 96,00,000 won (=110,000,000 won x 110% - 25,000,000 won) as to the remaining settlement amount under the agreement of this case and damages for delay calculated at the rate of 20% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 25, 2015 to the date of full payment, which is the day following the date of the delivery of the copy of the claim and the application for modification of the cause of claim.
3. Judgment on the defendant's assertion
A. The summary of the Defendant’s assertion 1) At the time of the preparation of the instant agreement, the Plaintiff made an oral promise with the Defendant to deduct the amount of KRW 6,000,000 of the non-execution cost, so the said amount must be deducted from the remainder of the settlement amount of KRW 96,00,000. In addition, five toilet doors at the present part of the construction work of the Plaintiff is closed.