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1. The defendant shall pay 88,217,600 won to the plaintiff and 15% per annum from October 18, 2018 to the day of complete payment.
Reasons
1.The following facts of recognition may be found either in dispute between the parties or in the entry in Gap evidence 1 to 4 (including paper numbers) by integrating the purpose of the entire pleadings.
On September 12, 2017, the Plaintiff entered into a basic subcontract agreement with the Defendant, the principal contractor, who implements a new construction of D Urban Residential Housing on the land outside Songpa-gu Seoul and four parcels, and concluded the subcontract agreement on February 12, 2018 (hereinafter “instant construction”).
B. On March 22, 2018, the Defendant issued and delivered a written confirmation of payment of the amount of KRW 82,082,400, out of the instant construction cost of KRW 170,300,000 to the Plaintiff, who is the subcontractor, up to the day. Of the remaining construction cost of KRW 88,217,60,000, the amount of KRW 40,000,000, out of the remaining construction cost, shall be paid up to March 31, 2018, and the remainder of KRW 48,217,60 shall be confirmed by settling accounts after completion.
C. However, the Defendant did not pay the said KRW 40,000,000 until March 31, 2018, and thereafter, the construction of the above urban residential housing was completed around May 2018, but did not pay the said KRW 48,217,600.
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 88,217,600 and the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from October 18, 2018 to the date of full payment, as claimed by the Plaintiff, on the record, on the day following the date on which the duplicate of the complaint in this case was served to the Defendant, as requested by the Plaintiff.
3. The judgment of the defendant regarding the defendant's assertion is that the construction cost should be paid to the plaintiff if the defendant deducts the compensation for delay, the interest on the loan of construction cost, and the reconstruction cost due to the defective construction.