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1. The Defendant shall pay 46,00,000 won to the Plaintiff and 20% per annum from September 5, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On December 4, 2013, the Defendant entered into a survey and design contract (hereinafter “instant contract”) with the Plaintiff engaging in surveying business under the name of “B,” under which the Defendant: (a) entered into a survey and design agreement with the Plaintiff, which provides that “B” and “B” (hereinafter referred to as “instant contract”).
Article 2(3) of the instant contract provides that the Defendant shall pay the aforementioned KRW 60 million (excluding value-added tax) within seven days from the date of permission and approval. However, among the above KRW 60 million as a special engineer, the Defendant shall pay the remainder in the cost of KRW 25 million and the remainder shall be borne by each company by each site, but if the occupant company is not determined by January 30, 2014, the Defendant shall pay the remainder in the grace period for two months, and if the occupant company is not determined by the grace period, the Defendant shall pay the remainder in the grace period.
B. The Plaintiff completed the survey work stipulated in the instant contract, and the Defendant paid KRW 20 million to the Plaintiff to the firstman on August 2014.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. According to the facts found earlier, pursuant to the instant contract, the Defendant is obligated to pay the Plaintiff the service cost of KRW 66 million including value-added tax (= value-added tax of KRW 60 million), excluding the amount of KRW 20 million already paid (=6 million - KRW 66 million).
As to this, the defendant, out of the above 66 million won in the contract of this case, 27.5 million won, was borne by the defendant and the remaining balance was borne by the occupant company by the land site. Since the defendant entered into a sales contract with Korea, etc. as to each real estate around March 2014, the defendant is liable to pay only 7.5 million won (=2.5 million won - 20 million won). However, in the interpretation of the contents of the contract of this case, the defendant is obliged to directly pay the remainder of the survey price to the plaintiff by March 30, 2014.