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1. The Defendant shall pay to the Plaintiff KRW 15,121,174 and the interest rate of KRW 15% per annum from October 20, 2016 to the date of full payment.
Reasons
1. The fact that, although the Plaintiff for the construction work of the dispatching B kindergarten completed the construction work by being awarded a contract with the Defendant for a set of KRW 22,550,00 (including value-added tax; hereinafter the same shall apply), the Plaintiff was paid only KRW 15,785,00 among the construction work cost and was not paid the remainder of KRW 6,765,00,000, there is no dispute between the parties.
Thus, the defendant is obliged to pay the plaintiff the balance of the construction cost of KRW 6,765,00 and delay damages.
2. The cost of construction in Permitted C;
A. The Plaintiff asserts that the Defendant’s construction work is subcontracted for KRW 37,400,00 for the said construction work (hereinafter “instant construction work”) and completed the additional construction work in KRW 11,00,000, but only KRW 26,180,000 out of the construction work is paid for KRW 22,220,000.
As to this, the Defendant did not complete the construction work at the above construction site, and did not settle the additional construction work. The Defendant is obliged to pay additional KRW 8,356,174 when the construction contract was concluded except for KRW 26,180,000 already paid when settling the progress payment except for the portion in which the construction work was not completed, and the amount of KRW 1,779,183 when the construction contract was concluded, including that was paid more than the amount of KRW 1,79,183 when the construction work was concluded, and thus there was no unpaid construction cost.
B. We examine the following facts: first of all, the construction contract of this case was concluded orally and the amount of KRW 26,180,000 for progress payment was paid, there is no dispute between the parties, and it is recognized that part of the construction work of this case was not completed in full in light of the statement in subparagraph 3 and witness D’s testimony, etc.
However, since the plaintiff did not submit materials to confirm the specific construction cost and the fixed payment, the defendant's payment order to pay the construction cost to the plaintiff within the extent recognized by the defendant.
However, the level;