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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 70,371,00 and its amount from September 3, 2013 to January 10, 2014.
Reasons
1. Facts of recognition;
A. A. Around December 10, 2012, Nanchia Co., Ltd., Japan, entered into a contract with Defendant A Co., Ltd. (hereinafter “Defendant A”) on the construction of the “Korea New Factory for Materials Co., Ltd.” (hereinafter “D”) in Yeonsu-gu Incheon (including value added tax) to KRW 4,455,00,000 (including D).
B. On January 5, 2013, Defendant A entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) on the supply of machinery and equipment (including supply of general equipment and cooling storage equipment and trial run) during D construction to KRW 3,881,00,000 (excluding surtax).
C. On March 2013, the Plaintiff concluded a construction contract by determining the price of KRW 77,00,000 (excluding surtax) with respect to the “the primary side of the district heating” (hereinafter “instant construction”) among Defendant B and D construction works, and concluded a construction contract again by increasing the price to KRW 83,000,000 (excluding surtax) around May 2013.
On June 25, 2013, the Plaintiff completed the instant construction work.
E. Defendant B paid each of the Plaintiff KRW 20,929,000,000 on May 31, 2013, and KRW 15,00,00 on August 2, 2013, as the price for the instant construction project, to the Plaintiff.
[Ground of Recognition] Defendant A: A without dispute; Gap evidence Nos. 7, 9, 11 through 14; Eul evidence Nos. 1 and 2 (including each number in the case of additional number); the purport of the whole pleadings; defendant B: deemed confession (Article 150(3) and (1) of the Civil Procedure Act)
2. According to the facts of the above recognition as to Defendant B’s claim, Defendant B’s remainder of KRW 70,371,00 (= KRW 91,300,000 - KRW 20,929,000) excluding the remainder of KRW 20,929,000, out of the total price of the instant construction work (= KRW 91,300,000 - KRW 20,929,000) from August 3, 2013 to September 30, 2015, as sought by the Plaintiff, after the completion date of construction, as the Plaintiff seeks, as a result of the completion date of construction, from August 3, 2013 to the date of delivery of a copy of the complaint of this case from the next day to the date of delivery of a copy of the complaint of this case as of January 10, 2014 under the Commercial Act.