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1. The Defendant shall pay 28,300,000 won to the Plaintiff and 20% per annum from January 14, 2015 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On April 17, 2013, the Plaintiff entered into a subcontract with the Defendant for construction works with the content that the Defendant would receive the payment for the completed portion from April 15, 2013 to October 30, 2013 (hereinafter “instant subcontract”) within the period of construction work 450,000,000, and the construction period from April 15, 2013 to October 30, 2013 (hereinafter “instant subcontract”). However, the Plaintiff entered into a subcontract for construction works with the content that the Defendant would receive the payment in cash within 60 days from the date of issuance of the tax invoice (hereinafter “instant subcontract”).
B. In order to implement the instant subcontract, the Plaintiff carried out temporary electrical construction drawn electricity from the Korea Electric Power Corporation to the Jeju Electric Power Corporation at the instant site, and issued an electronic bill for the said provisional electrical construction cost of KRW 2.3 million to the Defendant.
In addition, according to the instant subcontract, the Plaintiff carried out the electricity, telecommunication, and fire fighting construction work, and issued an electronic account statement to the Defendant for the progress payment of KRW 26 million once.
C. On February 12, 2014, the Defendant issued a certificate of the performance of electrical construction works in 2013 to the Plaintiff regarding the construction cost of KRW 28.3 million based on the instant subcontract.
【Ground for Recognition: Evidence Nos. 1 through 4 (including a serial number), the purport of the entire pleadings】
2. Determination
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the total amount of the construction cost of KRW 28.3 million (i.e., provisional electrical construction cost of KRW 2.3 million) and damages for delay calculated at the rate of 20% per annum from January 14, 2015 to the date of full payment, which is the day following the delivery of a copy of the instant complaint, to the Defendant.
B. Since there is a difference in opinion between the Plaintiff and the Defendant on the calculation of the agreed interest rate, the Defendant should only claim the amount calculated by subtracting the damages caused by the difference in the said agreed interest rate when the Plaintiff claims the construction cost based on the instant subcontract.