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Reasons
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(영문) 광주지방법원 2019.05.02 2018가합1584
공사대금
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1. The Defendant’s KRW 1,052,796,187 as well as 12% per annum from July 1, 2018 to July 31, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 20, 2017, the Plaintiff was awarded a contract (hereinafter “instant contract”) with the Defendant for the construction of an escalator (hereinafter “instant construction”) from the first floor to the fourth floor above the ground of the Nam-gu Seoul Building (hereinafter “instant building”) to the fourth floor above the ground.

B. On February 7, 2018, the instant contract was finally modified as follows. The Plaintiff was paid the total construction cost of KRW 1,540,568,176, including design cost, supervision cost, value-added tax, and indirect cost, in installments, as indicated in the attached Form of Payment for Construction Costs.

Construction cost: design cost, supervision cost, value-added tax, indirect cost, and interest rate of KRW 1,38,682,00 (including value-added tax) shall be settled separately.

The construction period: The Plaintiff and the Defendant, Gwangju Metropolitan City, building owners, and the Korea Asset Management Corporation, the trustee, were confirmed on June 20, 2017 to September 28, 2017.

Article 4 (Remuneration) (2) The plaintiff's flag cost is promised to be paid by the defendant by the last day of each month.

Provided, That where the last day is a holiday, it shall be until the following day.

③ The Defendant’s payment to the Plaintiff is as follows.

1. Monthly payments shall be 74,028,870 won (including value added tax).

2. From November 2017 to January 2018, the price (including value-added tax) for the portion of three months (including KRW 222,062,610) was paid until January 31, 2018.

Article 5 (Late Payment) (1) Where the Defendant fails to pay the construction cost by the due date, the Defendant shall pay the amount of arrears to the Plaintiff in addition to the due date for arrears (from the day after the due date to the due date of payment)

(2) In calculating the overdue charge under paragraph (1), the rates classified as follows shall be applied to simple interest rates:

1. Where the period in arrear is less than one month: 12% per annum;

2. Where the period in arrear is not less than one month but less than three months: 13% per annum.

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