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1. The Defendant shall pay to the Plaintiff KRW 484,00,000 and the interest rate of KRW 12% per annum from December 19, 2019 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a stock company established for the purpose of the business of installing mutual assistance facilities and ducts, and the Defendant is a stock company established for the purpose of installing pipes and air conditioners.
B. ① Co., Ltd. was awarded a contract with D Co., Ltd. for “E Second Factory Construction Work”; ② The Defendant received a subcontract from C for “F Second Factory Engine Construction Work” (hereinafter “instant construction work”); ③ on May 22, 2019, the Plaintiff determined the instant construction work from the Defendant on May 22, 2019 to September 30, 2019 and re-subcontracted as KRW 825,00,000 for construction cost (including value-added tax).
C. On October 30, 2019, the Plaintiff agreed with the Defendant to change the instant construction cost into KRW 1,067,000 (including value-added tax) and completed the instant construction work on the same day.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Since there is no dispute between the parties that the Defendant did not pay to the Plaintiff KRW 484,00,000 among the construction price of the instant case, the Defendant is obligated to pay the Plaintiff the amount of KRW 484,00,000, which is due and payable to the Plaintiff and delay damages at the rate of 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from December 19, 2019 to the date of full payment, as the Plaintiff seeks.
3. Judgment on the defendant's assertion
A. The construction cost claimed by the Plaintiff in the summary of the Defendant’s assertion is not based on the quantity established at the actual site, but was produced and supplied to the site by the Plaintiff at his own discretion, and was discarded and released at his own discretion.
Therefore, since the Plaintiff seeks construction cost by excessive volume to the Defendant, the construction cost as claimed by the Plaintiff ought to be reduced by KRW 154,000 from KRW 484,00,000.
(b) No. 5 of the judgment No. 1 is written and