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1. The Defendant shall pay KRW 37,853,50 to the Plaintiff the annual rate of KRW 15% from June 2, 2017 to the day of complete payment.
Reasons
1. Basic facts
A. On August 16, 2016, the Plaintiff, who runs a construction business, etc. with the trade name of B, was awarded a subcontract for reinforced concrete construction works (hereinafter “instant reinforced concrete construction works”) from the Defendant during the construction period from August 16, 2016 to November 15, 2016, with the contract price of KRW 12,368,00 (excluding value-added tax) among the instant construction works (hereinafter “instant construction works”).
B. On October 12, 2016, the Plaintiff was awarded a subcontract for the additional reinforced concrete construction (including all other construction works and steel processing and assembly works, material rearrangement, site rearrangement, etc.; hereinafter “instant additional construction”) by setting the construction period from October 12, 2016 to November 15, 2016 as the contract amount, 20,735,000 won (excluding value-added tax).
C. The Plaintiff completed the instant reinforced concrete construction and additional construction.
The Defendant paid the Plaintiff KRW 121 million in total, from November 16, 2016 to February 20, 2017, as the construction cost of the instant reinforced concrete construction and additional construction.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. According to the above findings of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 37,856,50 [12,368,00,000 + (12,368,000,000 + value-added tax + KRW 20,735,000 + Value-added tax 20,073,500 + KRW 20,0735,500)] out of the construction cost of the instant reinforced concrete and the accrued construction cost of the instant additional construction, and damages for delay calculated by 15% per annum from June 2, 2017 to the date following the day of delivery of a duplicate of the complaint of this case as the Plaintiff seeks, as sought by the Plaintiff.
3. The defendant's assertion is determined by the plaintiff.