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1. The Defendant’s KRW 106,821,100 as well as the Plaintiff’s annual rate from October 31, 201 to March 23, 2015.
Reasons
1. Basic facts
A. (1) On June 5, 2010 and February 10, 2011, the Plaintiff entered into a subcontract, and the Defendant and the Yongsan-gu Seoul Metropolitan Government collective housing (101 Dong and 102 Dong Dong; hereinafter referred to as the “instant building”).
(3) A contract for construction of molds, steel bars, temporary materials, etc. among new construction works (hereinafter referred to as “instant subcontract”).
(2) The term of the instant subcontract is 199,921,00 won in total.
B. 1) The Plaintiff received KRW 73,100,000, out of the construction cost under the instant subcontract agreement from the Defendant. On August 17, 2011, the Defendant prepared and issued a written note of payment that the Plaintiff would pay the Plaintiff KRW 126,821,00 not paid, up to October 30, 201. (2) Meanwhile, the Plaintiff received KRW 20,000,000 from C of the guarantor of the instant subcontract on October 30, 2010.
[Ground of recognition] Facts without dispute, Gap evidence 3-1, 2-2, and Gap evidence 5, the purport of the whole pleadings
2. Determination
A. According to the facts of recognition as above, the Defendant is obligated to pay the Plaintiff the remaining construction cost of KRW 106,821,100 based on each of the subcontract agreements of this case (i.e., construction cost of KRW 199,921,00 - KRW 73,100,000 paid by the Defendant - KRW 20,000 paid by the surety C) and, as sought by the Plaintiff, to the Plaintiff from October 31, 201 to March 23, 2015, which is clearly recorded as the delivery date of the complaint of this case from October 31, 2011 to March 23, 2015, the Defendant is obligated to pay the Plaintiff damages for delay calculated annually by 15% as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
B. As to the Defendant’s assertion, the Defendant received 20,000,000 won from C around October 201, 201 from the Plaintiff as to the construction cost as to the 101 building among the instant buildings. Of the instant buildings, the Plaintiff paid 20,000,000 won.