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1. The Defendant shall pay to the Plaintiff KRW 45,60,000 and the interest rate of KRW 15% per annum from April 15, 2017 to the date of complete payment.
Reasons
1. Basic facts
A. On November 2016, the Plaintiff entered into a construction contract with the Defendant to accept a subcontract with the Defendant for a solar power plant construction project contracted by the Defendant (hereinafter “instant construction contract”).
A total cost: 120,000,000 won (Additional tax) period: payment of the price from the date of commencement to December 10, 2016; - 50% of the total cost of advance payment (when advance payment is delivered) - Part payment: 30% of the total cost of construction (80%) - Balance: 20% of the total cost of construction (within 10 days after the pre-use inspection)
B. On November 14, 201, the Defendant paid KRW 60,000,00 to the Plaintiff under the pretext of advance payment related to the instant construction project.
C. The Defendant received the intermediate payment from Es. Energy, the contractor, on the premise that the instant construction was carried out at least 80% of the progress rate.
2. In full view of the above-mentioned facts and the statements in Gap evidence Nos. 7 and 9, it is reasonable to deem that the plaintiff continued the construction of this case at least 80% of the fair trial rate.
Therefore, according to the instant construction contract, the Defendant is obligated to pay to the Plaintiff 105,60,000 won (=total construction cost of 132,00,000,000 won including value added tax x 110%) x 80% less the remainder of 45,60,000 won (=10,600,000 won - 60,0000 won - 60,000 won), which is the day following the delivery date of the original copy of the instant payment order, and to pay damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from April 15, 2017 to the day of full payment).
3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.