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1. The Defendant’s KRW 68,700,000 as well as 15% per annum from April 27, 2019 to May 31, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 21, 2016, the Plaintiff entered into a subcontract with the Defendant and the Defendant on July 21, 2016, for the construction of a new urban housing unit in Ulsan-gu D, Ulsan-gu, whose construction cost is KRW 674,467,200 (including value-added tax).
B. As of September 30, 2017, the Plaintiff did not receive the construction cost of KRW 188,700,000 (including value-added tax) as of December 15, 2017. On December 15, 2017, the Plaintiff drafted a written agreement with the Defendant to receive KRW 100,000,000 from the said construction cost until January 31, 2018, and the remainder of KRW 88,70,000 until February 28, 2018.
C. On February 14, 2018, the Defendant remitted KRW 120,000,000 to the Plaintiff, and KRW 20,000,000 on April 2, 2018, the Defendant paid the Plaintiff KRW 120,00,000 in total.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 68,700,000 unpaid construction cost (i.e., KRW 188,700,000 - KRW 120,000) and the money calculated at each rate of 12% per annum from April 27, 2019 to May 31, 2019, promulgated on May 21, 2019 and enforced on June 1, 2019 pursuant to the provisions before and after the amendment of Article 3(1) of the above Act.
B. The defendant's assertion argues that since the defendant received the construction price from the original office and paid the progress payment, the due date has not yet arrived.
However, it is difficult to view that the Plaintiff’s claim for the construction cost of this case is subject to the payment clause, which is the payment clause prior to the completion of the construction work.
Furthermore, as seen earlier, the Defendant concluded that the Plaintiff shall pay the construction price in full to the Plaintiff on January 31, 2018 and February 28, 2018.