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1. The Defendant shall pay 33 million won to the Plaintiff the annual rate of 15% from May 12, 2016 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On June 2016, the Plaintiff was subcontracted the construction work performed by the non-party company from the Maritime Construction Co., Ltd. (hereinafter referred to as “non-party company”) to remove rocks and earth and sand generated from the new construction site of the Kim Han-han City AC-04BL.
B. On June 20, 2015, the Plaintiff awarded a sub-subcontract to the Defendant for the said construction subcontracted by the Nonparty Company, and paid KRW 55,000 per vehicle (based on 24-25 tons) to the Plaintiff for the rocks (based on 24-25 tons) taken out by the Defendant, and paid KRW 20,000 per vehicle (based on 24-25 tons) for earth and sand, the Plaintiff paid KRW 20,000 per vehicle (based on 25 tons) to the Defendant, and the Defendant is responsible for the confirmation of the shipment vehicle, and the Defendant paid KRW 200,000 to the Plaintiff as advance.
C. The Defendant paid KRW 100,000 to the Plaintiff out of advance payment. From June 25, 2015 to November 18, 2015, the Defendant removed KRW 5,716, and 6,719, both Pung and Pungam, while completing the said construction from November 25, 2015.
[Ground of recognition] Facts without dispute, Gap's 1 to 3, Gap's 5, and 6 (including virtual numbers), the purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 33 million under the above sub-subcontract as calculated as follows at the rate of 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from May 12, 2016 to the date following the delivery date of a copy of the complaint of this case sought by the Plaintiff. The amount to be paid to the Plaintiff: KRW 314,380,00 = 5,716 + the amount to be paid to the Plaintiff KRW 55,00: KRW 6,719 + KRW 20,000: KRW 180,000 + KRW 314,380,000: KRW 314,380; KRW 1384,380; KRW 138,000; KRW 308,000; KRW 165,000,000 (including the amount paid to the Plaintiff).