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1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate of KRW 6% from September 1, 2015 to May 9, 2016.
Reasons
1. The following facts are not disputed between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence No. 1, No. 2, and No. 3.
The plaintiff is a company running a waterproof construction business, and the defendant is a company running a housing construction business, etc.
B. On June 17, 2015, the Defendant, the contractor, and the Plaintiff, the contractor, entered into a contract for construction with the construction period fixed as KRW 52,800,000 (including value-added tax) with respect to the construction work among the construction works for the construction of an insured item Gwangju Factory, Inc., Ltd. (hereinafter “instant construction work”), located in the Seoul Mine Complex-gu, Seoul Special Metropolitan City, for the construction period of which KRW 27 Between June 18, 2015 and August 31, 2015, and thereafter, the contract amount was increased to KRW 55,000,000.
C. The Plaintiff completed the instant construction work on August 31, 2015.
2. Determination:
A. According to the above facts of determination as to the cause of the claim, the Defendant of the instant construction contractor is obligated to pay the Plaintiff who completed the instant construction project as the contractor of the instant construction contractor the construction cost of KRW 55,00,000 and damages for delay, unless there are special circumstances.
B. The Defendant’s argument regarding the Defendant’s assertion is an insolvent defense that the Plaintiff was unable to pay the construction cost to the Plaintiff because the Defendant was unable to receive the construction cost properly from the Seocho Fac item Co., Ltd., even though the Defendant had undertaken at least 75% of the process of the construction of the Gwangju Factory. However, this is not a legitimate defense.
C. According to the theory of lawsuit, the Defendant is obliged to pay the Plaintiff the construction cost of KRW 55,00,000 and the following day after the completion date of the instant construction project, with 6% per annum as stipulated in the Commercial Act from September 1, 2015 to May 9, 2016, which is clear that it is a delivery date of a copy of the complaint of this case, and with respect to the promotion of litigation from the following day to the date of full payment.