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1. The Defendant shall pay to the Plaintiff KRW 41,180,000 and the interest rate of KRW 15% per annum from December 11, 2015 to the date of full payment.
Reasons
1. Basic facts
A. On October 26, 2015, the Plaintiff filed an application for the payment order of construction price with the Suwon local method support 2015 tea 4177 against the Nonparty Fame Construction Industry Co., Ltd. (hereinafter “Nonindicted Company”), and received the payment order (hereinafter “instant payment order”) from the said court to the effect that “the Nonparty Company shall pay to the Plaintiff KRW 44 million and its delayed damages.” The said payment order became final and conclusive on November 17, 2015.
B. The Plaintiff, based on the original copy of the instant payment order, received the claim amounting to KRW 44 million from Seoul Eastern District Court 2015TTTTT15954, and damages for delay thereof, etc. from the non-party company’s claim for the construction cost of the Seoul Gangnam-gu New Construction Corporation (hereinafter “instant construction cost claim”) against the Defendant. The Plaintiff received a seizure and collection order (hereinafter “instant seizure and collection order”). The instant seizure and collection order was served on November 25, 2015 to the Defendant, and on February 1, 2016, respectively.
C. The claim for the construction price of this case that the non-party company is obliged to receive from the Defendant remains 4,1180,000 won as part of the payment was made until October 31, 2015.
[Ground of recognition] Facts without dispute, Gap 1 to Gap 3-1, the purport of the whole pleadings
2. Judgment on the party's assertion
A. According to the facts based on the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff, as the collection right holder of the instant claim for construction cost, delay damages calculated at the rate of 15% per annum from December 11, 2015 to the date following the delivery of the copy of the instant complaint filed by the Plaintiff, which is the day of complete payment, according to the instant seizure and collection order.
B. The Defendant did not issue a tax invoice on the claim for construction payment of this case and did not issue a performance guarantee for the repair of defects or the repair of defects due to defective construction.