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1. The defendant shall pay 30,000,000 won to the plaintiff and 15% per annum from April 23, 2016 to the day of complete payment.
Reasons
(c) shall be.
(B) At the time of concluding the instant construction contract, B, the owner, was jointly and severally and severally liable for the obligations under the instant contract. The Plaintiff passed an elevator completion inspection on October 23, 2014 and delivered the elevator. (c) At the time of concluding the instant construction contract, the terms and conditions of the special agreement as of April 28, 2014 (hereinafter “the instant special agreement”).
(1)The details are as follows: 1. Payment of the down payment = (30%) payment of the down payment = claim for a bank facility fund and made payment in proportion to shares claimed from the bank. 1) Payment of the down payment shall be made first of all by the bank facility fund of each month, and the owner shall be responsible for the payment of the cost, and the defendant shall not be liable for the payment of the cost, and shall be deposited immediately into the subcontractor after consultation between the contractor and the contractor after the request for the payment of the cost at the time of the loan of the facility fund.
On April 28, 2014, 2014, the owner of the lower-level construction cost, corresponding to the lower-level construction contract guarantee under the subordinate law * The owner of the building * The owner of the building * the owner of the building * the owner of the building : C representative: B
C. After the conclusion of the instant contract, the Defendant paid the Plaintiff KRW 421,00,00 in the aggregate of KRW 135,30,000 on May 2, 2014, KRW 110,000 on September 5, 2014, KRW 90,000 on March 25, 2015, KRW 50,000 on April 24, 2015, KRW 15,700,000 on July 15, 2015, and KRW 20,000 on December 11, 2014, and KRW 30,000 on the remainder of the construction cost, respectively, to the Plaintiff.
[Ground of recognition] Gap evidence Nos. 1, 4, 5, Gap evidence Nos. 6-1 through 6, the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 30,000,000 for the instant construction contract and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 23, 2016 to the day of full payment, which is the day following the delivery of a copy of the instant complaint, barring special circumstances.
B. Determination as to the Defendant’s assertion