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1. The Defendant shall pay to the Plaintiff KRW 50,150,000 as well as 6% per annum from August 2, 2017 to February 21, 2018, and from the next day.
Reasons
1. On January 19, 2017, the Plaintiff mainly engaged in the electricity construction business and the owner entered into a contract with C Co., Ltd. to accept a subcontract for electrical construction (including value-added tax) among the new construction works for accommodation facilities (hereinafter “instant construction”) and the construction period from January 20, 2017 to July 20, 2017 (hereinafter “instant subcontract”) and the unpaid construction cost was paid directly by the Defendant to the Plaintiff.
The Plaintiff completed the instant construction work on July 17, 2017.
The Defendant made a verbal agreement to pay to the Plaintiff KRW 79 million for the remainder of construction by August 1, 2017, within 15 days from the completion date of construction. On August 20, 2017, the Defendant paid KRW 50 million to the Plaintiff, but did not pay the remainder KRW 29 million to the Plaintiff.
In addition, the Defendant requested the Plaintiff to implement additional construction works (CCTV pipeline distribution, main loan, Seleling, Malaysia, and temporary electricity) separately from the instant construction works, and the Plaintiff completed the said additional construction works on July 17, 2017, and was not paid additional construction costs by the Defendant.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 7, purport of whole pleadings]
2. Determination on the claim
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 50,150,000 won per annum from August 2, 2017 to the day following the due date for payment of the complaint, including the above KRW 29,00,000,000 and additional construction costs of KRW 22,550,00,00,000,000,00,000,000 per annum from August 2, 2017 to the day following the due date for payment of the complaint, Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 201).
B. Judgment on the defendant's assertion of defects