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1. The Defendant shall pay to the Plaintiff KRW 49,920,00 and the interest rate of KRW 15% per annum from January 18, 2018 to the date of complete payment.
Reasons
1. Facts of recognition;
A. The plaintiff is a company operating heating and cooling equipment business, and the defendant is a company operating construction business.
B. On June 27, 2016, the Plaintiff concluded a subcontract for construction with the content that the air conditioner is to be paid to the fourth generation of the building C on the ground of Jeju, from June 28, 2016 to July 30, 2016, the construction period of KRW 13,500,000, and the construction period of KRW 2/100 from June 28, 2016 to July 30, 2016 (hereinafter “instant first construction”). As regards the construction cost, the Plaintiff agreed to receive the down payment (20%), after the pipeline construction, the first progress payment (30%) and the second progress payment (30%) after the indoor installation, and the remainder (20%) as each payment after completion.
C. On September 29, 2016, the Plaintiff concluded a construction subcontract agreement with the Defendant to accept the down payment (10%) for the construction work from the date of entering into the contract, the first progress payment (30%) for the construction work, and the second progress payment (40%) for the construction work after the completion of the pipeline work, and the second progress payment (40%) for the remainder (20%) for the construction work, from October 1, 2016 to December 31, 2016.
On October 27, 2016, the Plaintiff entered into a construction subcontract with the Defendant to accept the construction work cost of KRW 43,500,000 from October 1, 2016 to January 15, 2017, and the construction work to be installed at the rate of KRW 3/100 (hereinafter “instant third construction work”) with respect to the construction cost, and the Plaintiff agreed to receive KRW 4,400,000 for the first payment, KRW 13,050 for the first payment, KRW 17,40,00 for the second payment, KRW 17,40,000 for the second payment, and KRW 8,650 for the remainder, and KRW 650 for the construction work.
E. On November 28, 2016, the Plaintiff: (a) on November 28, 2016, to six households in multi-family houses F in Jeju, for the payment for the construction cost of 18,700.