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1. The Defendant’s KRW 2,5810,00 and the following day shall be 6% per annum from August 15, 2019 to July 8, 2020 to the Plaintiff.
Reasons
In light of the following facts: (a) there is no dispute between the parties, or comprehensively taking account of the evidence of evidence and the purport of the entire pleadings, the Plaintiff: (b) concluded that around July 2018, the Defendant entered into a subcontract with the Defendant for the construction of the New Facilities D (value-added Tax Separate) at KRW 15,217,00 for the construction cost; (c) the Defendant, C and C shall jointly and severally pay the construction cost; and (d) the construction cost shall be determined at KRW 1,485,00,00 including value-added tax; (c) on August 31, 2018, the Plaintiff issued a tax invoice for the said construction cost; (d) on October 24, 2018, the Plaintiff completed the subcontract with the Defendant as KRW 24,272,500 for the construction cost of the New Facilities C and C; and (e) on KRW 200,300,000 for the construction cost of KRW 296,290,2500.
Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 2,5810,00 (=1,4850,000 won KRW 25,960,000 won-15,000 won) and damages for delay calculated at each rate of 12% per annum under the Commercial Act from August 15, 2019, which is the date of the delivery of the instant payment order to the Plaintiff, to July 8, 2020, which is the date of the instant decision, and which is deemed reasonable to dispute as to the existence or scope of the Defendant’s obligation to perform, from August 15, 2019, to the date of full payment.