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1. The Defendant: (a) KRW 414,00,000 for the Plaintiff and 5% per annum from July 3, 2015 to June 13, 2016.
Reasons
1. Basic facts
A. On February 10, 2015, the construction period from February 10, 2015 to April 10, 2015, the Defendant concluded a contract with the Plaintiff, and paid the Plaintiff KRW 704,00,000 (including value-added tax; hereinafter the same shall apply) within two months after completion of the contract, and paid a delay of 5% per annum to the unpaid construction cost from the first month thereafter, and ordered the Plaintiff to pay a delay of 15% per annum to the unpaid construction cost (hereinafter the “instant construction”).
B. On April 3, 2015, the Plaintiff completed the instant construction project.
C. On April 3, 2015, the Defendant paid KRW 290,000,000 among the construction price in the instant case to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the above facts, the Defendant is liable to pay to the Plaintiff the amount of KRW 414,00,000 (total construction cost of KRW 704,00,000,000, 290,000) and damages for delay calculated by applying the rate of 5% per annum from July 3, 2015 to June 13, 2016, which is three months from the date on which the application for the instant payment order was served, to the date on which the instant payment order was served, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
3. Conclusion, the plaintiff's claim of this case is justified.