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1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 20% per annum from June 10, 2014 to the day of complete payment.
Reasons
1. Determination on the cause of the claim
A. According to the facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the entire pleadings, the Plaintiff’s suspension of construction work after completing construction work equivalent to nine million won among January 2014, 2014, when he/she was awarded a contract with the Defendant for the construction work of effective hypington in Ansan-dong Office located in Ansan-si (hereinafter “instant construction contract”).
B. According to the above facts, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 30,000,000,000, and the damages for delay calculated at the rate of 20% per annum from June 10, 2014 to the date of full payment, which is the day following the delivery of a copy of the complaint in this case, to the day of full payment.
2. Judgment on the defendant's assertion
A. The Defendant’s assertion that: (a) the Defendant paid the construction price to B, who followed the construction work interrupted after the Plaintiff on March 17, 2014, including KRW 36,173,650, including the construction price of KRW 200,000,000,000, and KRW 41,922,940,000,000,000,000,000 won, on April 11, 2014 and April 13, 2014; and (b) thus, the Defendant cannot comply with the Plaintiff’s claim.
B. (1) According to the overall purport of the statements and arguments in Gap evidence Nos. 3, 4, 5, and Eul evidence Nos. 1 and 2, the instant construction contract was concluded between the plaintiff and the defendant as a performance-based contract for the payment of the price according to the work quantity. The payment of the price is to be made on the 10th of the following month after the defendant confirmed the work quantity according to the monthly work quantity after consultation with the head of the field office of the defendant, and the payment of the price is to be made on the 10th of the following month.