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1. The Defendant (Counterclaim Plaintiff) paid KRW 11,00,000 to the Plaintiff (Counterclaim Defendant) and its related amount from November 1, 2013 to April 18, 2017.
Reasons
The main lawsuit and counterclaim are also examined.
1. Basic facts
A. On May 9, 2013, the Plaintiff received a contract from the Defendant for the construction of a new neighborhood living facility on the ground of Pyeongtaek-si (hereinafter “instant construction project”) with the contract amount of KRW 489,50,000 (including value-added tax), May 20, 2013, and September 30, 2013 as the date of commencement of the project.
(hereinafter “instant contract”). (b)
The instant construction was completed on October 30, 2013, and completed the approval for use.
C. From June 5, 2013 to June 9, 2014, the Defendant paid a total of KRW 478,500,000 to the Plaintiff as construction price.
[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 4, the purport of whole pleadings
2. Determination as to the claim on the principal lawsuit
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff delay damages calculated at a rate of 11,00,000 won for the unpaid construction cost (=489,50,000 won - 478,500,000 won) and after the completion of the construction, which is determined that it is reasonable for the Plaintiff to dispute as to whether the Defendant is liable for performance or its scope from November 1, 2013 to April 18, 2017, which is the date of this decision, to which it is determined that it is reasonable for the Plaintiff to dispute as to whether the Defendant is liable for performance or its scope, and 6% per annum of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. Furthermore, the Plaintiff and the Defendant agreed to pay the contract amount to the Plaintiff as additional construction cost in accordance with the agreement between the Plaintiff and the Defendant, and there is no reason to acknowledge that the Plaintiff actually agreed to pay or alter the construction cost.