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1. The Defendant: (a) KRW 38,210,000 for the Plaintiff and its related KRW 6% per annum from September 28, 2012 to November 11, 2014; and (b) November 12, 2014 for the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. On March 30, 2012, the Defendant: (a) on March 30, 2012, among the Plaintiff’s new construction works for Echeon-si B Apartment (hereinafter “instant construction works”).
(2) On June 2012, the Defendant did not pay the construction cost to the Plaintiff even after the Plaintiff completed the instant construction work and completed the additional construction work requested by the Defendant.
3) On September 20, 2012, the Defendant, on September 20, 2012, prepared and delivered a written statement of payment to the Plaintiff, by September 27, 2012, by settling the construction cost for the instant construction and additional construction at KRW 38,210,000, and by settling the said amount as a payment by September 27, 2012.
B. According to the above findings of determination, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the amount of KRW 38,210,000, which was agreed to pay as the construction cost, and the damages for delay calculated at each rate of 20% per annum as stipulated in the Commercial Act from September 28, 2012 to November 11, 2014, on which the copy of the complaint of this case was served, to the Defendant from September 28, 2012, which was the day following the due date for payment, to the day when the copy of the complaint of this case was served, and the following day from November 12, 2014 to the day of full payment.
2. Judgment on the defendant's assertion
A. The defendant asserts that since the plaintiff agreed to pay the above amount to C, D, E, and F for the total sum of KRW 22,770,000 when preparing and delivering a letter of payment to the plaintiff's subcontractor or his father, the above amount should be deducted from the plaintiff's claim amount.
In full view of the purport of the arguments in the statement No. 1 to No. 3 of the evidence No. 1-3, the Plaintiff drafted a letter of payment stating that the Plaintiff would pay to D wages of KRW 1,700,000 on August 10, 2012, for KRW 3,470,000, for KRW 1,60,000 for wage of KRW 1,60,000, until August 2012.