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1. The Defendant’s KRW 29,917,70 for the Plaintiff and 5% per annum from August 1, 2017 to January 31, 2019.
Reasons
1. The parties' assertion
A. The Plaintiff supplied sewage to the Defendant for a Cpower plant-related construction cost of KRW 364,850,000 (including an additional construction) and completed the construction work.
The Defendant is obligated to pay the Plaintiff KRW 66,545,00 ( KRW 364,850,000 - paid KRW 298,304,998).
B. The unpaid amount was KRW 66,545,00, but the Defendant agreed on the payment of the price with the Plaintiff on April 18, 2017. The Defendant failed to receive a written confirmation of completion of trial operation from D Co., Ltd. and E, which is the place of the order, and there was no timely receipt of a request for the issuance of defect performance guarantee certificate, and the time of payment did not arrive.
2. Facts of recognition;
A. On September 24, 2013, the Defendant entered into an agreement with D Co., Ltd. (hereinafter “D”) and E (hereinafter “E”), setting the period from September 24, 2013 to June 30, 2016 for the supply and installation of the piracy system at the site of Cpower 1, 2, and water treatment and water intake injectment facilities located in F in the East Sea, with the amount of KRW 2,893,000,000 for advance payment, KRW 10% for payment, KRW 72.25% for installation, KRW 12.75% for installation, and KRW 5% for remainder payment within 60 days after the issuance of the tax invoice, and KRW 5% for defect deposit as 5% for contract amount.
B. On October 21, 2014, the Plaintiff issued a surety insurance policy for performing defect performance to 10% of the total contract amount (within 15 days after deposit from the place of origin), and determined the amount of sewage by determining the period from October 21, 2014 to October 21, 2014 to the completion of trial operation; 264,00,000 won; 10% of the down payment; 80% of the remainder after delivery (within 15 days after deposit from the place of origin); 10% of the total contract amount (within 15 days after deposit from the place of origin); and 10% of the total contract amount as follows.
Article 5 (Request for Test Test) The plaintiff cannot claim the corresponding amount when the trial run has not been completed in the case of a trial run, and only after obtaining approval for the test run of Korean power.