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1. The Defendant’s KRW 11,158,00 for the Plaintiff and 5% per annum from August 8, 2012 to August 12, 2014.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 6, and 7, and Eul evidence No. 1:
The plaintiff is a company that conducts civil engineering and construction business in the Gangnam-gu Incheon Metropolitan City, and the defendant is a person who engages in the business of installing tea, etc.
B. On September 30, 201, the Plaintiff awarded a subcontract to the Defendant for the construction of wrecing (hereinafter “instant construction”) among the new construction of a multi-household on the land outside Bupyeong-gu Incheon and two parcels of land, and the multi-household house on the land outside Jung-gu Incheon, and the construction period was from September 30, 201 to December 30, 201, and the construction amount was KRW 149,000,000 (excluding value-added tax) (hereinafter “instant subcontract”).
C. Since then, the Defendant completed the instant construction among the instant construction, excluding ten households in total of D3 and D 4 units (hereinafter “D 10 units”), and completed the registration of ownership transfer in the name of the Defendant on December 30, 201, by evaluating E and F’s G house Nos. 106, 400,000 won as payment in kind for the construction amount of KRW 149,00,000 on December 12, 201, as payment in kind for the construction amount of KRW 149,000,000 on December 16, 2011.
Around January 2012, the Defendant paid KRW 13,00,000 to the Plaintiff via Liby Korea Co., Ltd. on the other hand, the construction price for the D 10 households that the Defendant did not complete is KRW 20,000,000 (excluding value-added tax).
2. Determination:
A. On December 30, 201, the Plaintiff asserted that the Defendant was liable to pay the Plaintiff penalty for delay for total 46,041,000 won (= construction amount of 149,00,000 x 103 x 3/1000 x 3/1000) for total 103 days from December 31, 2011 to April 10, 201, since the Defendant failed to complete the instant construction on December 30, 201, which was the expiration date of the construction period, and the construction was not completed until April 10, 2012.