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1. The Defendant’s KRW 18,400,000 and annual 5% from December 28, 2012 to November 26, 2013, and the next day.
Reasons
1. Basic facts
A. A. On September 2012, the Plaintiff entered into a contract for interior interior interior interior interior interior interior interior interior interior interior Tech in Daegu-gu, Daegu-gu (hereinafter “instant contract”) with the Defendant for the construction cost of KRW 48,40 million (including value-added tax); the payment date of KRW 10,000,000 on October 10, 2012; the remainder on December 27, 2012; and the construction period from September 26, 2012 to September 27, 2012.
B. The Plaintiff completed the aforesaid interior work on September 27, 2012, as agreed upon, but the Defendant did not pay the Plaintiff the remainder of KRW 18.4 million, in addition to the payment of the construction price of KRW 30 million.
[Reasons for Recognition] Evidence No. 2, Evidence No. 3-1, No. 2, and the purport of the whole pleadings
2. Determination
A. According to the facts established above, the Defendant is obligated to pay to the Plaintiff 18.4 million won for the unpaid construction price and to pay damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from December 28, 2012 to November 26, 2013, the delivery date of a copy of the complaint in this case, and 20% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.
B. The Defendant asserts that “The Defendant entered into the instant contract with the Defendant on behalf of the Plaintiff in the Company D, the head office of the Defendant C operated by the Defendant, and the Plaintiff agreed to reduce the construction cost to KRW 30 million upon the Defendant’s and the Defendant’s payment of the construction cost at a one-year grace period from the completion of the construction work to the Defendant through D, and that the settlement of the price has already been completed by the Defendant upon the payment to the Plaintiff in full.”
However, the evidence Nos. 1-2, 1-2, 1-2, 1-2, 1-2, 1-2, and 1-2 of the evidence Nos. 1-2, and the witness E’s testimony is entrusted by the Plaintiff with the authority of the Plaintiff to modify the terms of the instant
The payment shall be deferred or 30 million won for a year beyond the payment period stipulated in the instant contract between the employee or between the Plaintiff and the Defendant or between the Defendant.