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1. The Defendant’s KRW 315,117,00 for the Plaintiff and KRW 6% per annum from July 28, 2018 to July 6, 2019.
Reasons
1. Determination on the cause of the claim
A. Comprehensively taking account of the respective descriptions and the overall purport of arguments as stated in Gap evidence Nos. 1 and 2, it is recognized that the plaintiff was awarded a subcontract by the defendant, who runs a construction business on April 5, 2018 as its main business, for the construction cost of KRW 418,00,000 in the construction cost of the 7th floor exhibition of the C building C, and for the construction period from April 5, 2018 to June 20, 2018. The plaintiff completed the said construction work on July 27, 2018.
According to the above facts, the Defendant is obligated to pay to the Plaintiff the remaining construction cost of KRW 102,83,000 less the Plaintiff’s payment of KRW 315,117,00,00 for the remaining construction cost after deducting the Plaintiff’s payment of KRW 102,883,00 for the contract price of KRW 418,00 for the contract, and the damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from July 28, 2018 to July 6, 2019, the delivery date of the original copy of the instant payment order, from the next day to the day of full payment, to the day of the delivery of the original copy of the instant payment order.
(Plaintiff claimed for the payment of damages for delay calculated at the rate of 15% per annum, but the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Encouragement, etc. of Legal Proceedings amended by Presidential Decree No. 29768, May 21, 2019 and Article 2(2) of the Addenda of the same Act apply to the legal interest rate of 12% per annum after June 1, 2019, and thus, the part on damages for delay in excess thereof is rejected).
The defendant's assertion is not accepted in light of the fact that the plaintiff entered into a subcontract between the plaintiff and the subcontractor, and the defendant deposited the amount of KRW 90,000 in advance to the plaintiff on April 12, 2018, etc.
2. The plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.