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1. The Defendant shall pay to the Plaintiff KRW 78,772,727 and the interest rate of KRW 15% per annum from September 14, 2018 to the day of complete payment.
Reasons
1. Determination as to the cause of claim
A. On May 16, 2017, the Plaintiff entered into a construction contract with the Defendant to receive a contract for a stone construction work of KRW 69,000,00 (including value-added tax; hereinafter the same shall apply) from among the new construction works of building and one parcel of land outside Jung-gu Seoul, Jung-gu, Seoul, and around May 16, 2017. Around May 16, 2017, the Plaintiff entered into a construction contract with a contractor for a stone construction work of KRW 84,00,000 among the new construction works of building and four lot of land outside Yongsan-gu, Seoul, Yongsan-gu and four lots of land; around November 10, 2017, the Plaintiff entered into a construction contract with a contractor for a stone construction work of KRW 252,450,00 in the construction cost among the new construction works of building and one parcel of land; or the Plaintiff entered the entire construction contract with the Plaintiff in KRW 65,205,205,71.
B. According to the above facts, the defendant claims construction price of KRW 86,650,00 (=660,650,000 + KRW 84,000 (=69,000), KRW 252,450,000, KRW 2555,200) - 574,00,000 for the reason that the plaintiff did not issue a tax invoice as requested by the plaintiff, barring any special circumstances. The defendant only claims construction price of KRW 7,877,273,00 for the reason that the plaintiff did not issue a tax invoice as requested by the plaintiff.
For KRW 78,772,727 and this, the obligation to pay damages for delay calculated by the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from September 14, 2018 to the day of full payment, which is the day following the service of the original copy of the instant payment order.
2. Judgment on the defendant's assertion
A. The Defendant receives KRW 50,000,000 from the Defendant on June 5, 2018, taking into account the difficult circumstances of the Defendant Company.