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1. The Defendant’s KRW 54,780,00 for the Plaintiff and KRW 20% per annum from September 4, 2015 to September 30, 2015.
Reasons
1. On June 15, 2014, the Plaintiff: (a) completed the construction work for the construction work of the parking zone building project by being awarded a contract with the Defendant for the construction cost of KRW 594,00,000 (including value-added tax); and (b) the Defendant did not pay KRW 54,780,000 out of the construction cost, without dispute between the parties; or (c) comprehensively taking account of the respective descriptions in subparagraphs A and 2 and the purport of the entire pleadings, it may be acknowledged.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum as stipulated in the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015) from September 4, 2015 to September 30, 2015, following the delivery date of the original copy of the instant payment order sought by the Plaintiff as a result of the completion date of construction works, and from September 25, 2015, to the day following the delivery date of the original copy of the instant payment order.
2. Determination as to the defendant's assertion
A. The defendant's defense of offset against the defendant was awarded a contract for the steel frame of KRW 460,00,000 from C to the plaintiff for the construction cost of KRW 380,000,000 among church construction works, and the above construction work was awarded to the plaintiff. The plaintiff received a direct payment from C for the construction cost of KRW 80,000,000 (= 460,000,000 - 380,000,000), and the defendant received a full payment from C, and did not refund the remaining KRW 70,000,000 among them to the defendant.
Therefore, if the defendant's claim for the return of the above construction price against the plaintiff is offset against the plaintiff's claim for the construction price, the plaintiff should pay the defendant 15,220,000 won (=70,000,000 - KRW 54,780,000).
B. Determination No. 1 and testimony of witness D alone are from C.