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1. The Defendant’s KRW 224,969,50 for the Plaintiff and 5% per annum from July 31, 2016 to December 2, 2016, and the following.
Reasons
1. Basic facts
A. On March 3, 2016, the Plaintiff entered into an agreement with the Defendant to pay the said construction price of USD 199 to the construction price and USD 1,194,000 to the construction period from February 16, 2016 to July 30, 2016 (60% of the construction price), and the Defendant agreed to pay the said construction price of USD 597,000 (30% of the construction price) on June 3, 2016 to USD 199 to the construction price and USD 199,000 (10% of the construction price) on July 30, 2016.
B. The Defendant paid 1,194,000 US dollars to the Plaintiff on March 2016, and 597,000 US dollars to the Plaintiff on June 2016.
C. On July 30, 2016, the Plaintiff completed the instant construction work.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Gap evidence Nos. 10 and 11, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid construction price of KRW 224,969,50 ($ 199,000 x 1,130.50 x 1,130 x 50) and the damages for delay at each rate of 15% per annum prescribed by the Civil Act from July 31, 2016 to December 2, 2016, the delivery date of a copy of the complaint of this case, from July 31, 2016 to December 2, 2016, and from the following day to the date of full payment.
(A) The Plaintiff filed a claim for construction cost based on the exchange rate of November 18, 2016, which was at the time of the filing of the instant lawsuit. However, in cases where a creditor claims monetary claims in foreign currency converted into Korean currency, the court ordering the debtor to perform the claim, shall set the exchange rate at the time of the conclusion of fact-finding proceedings, which is most close to the time of the debtor’s performance in reality, into Korean currency. Therefore, the Defendant’s defense is determined on May 11, 2017.