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1. The Defendant shall pay to the Plaintiff KRW 71,30,000 and the interest rate of KRW 15% per annum from December 19, 2017 to the date of full payment.
Reasons
1. Basic facts
A. On February 28, 2017, the Defendant concluded a contract with C (hereinafter referred to as “C”) for the construction of the new construction works of the Defendant D’s Factory at the Cheongju-si Office by setting the price of KRW 250,000,000 and the construction period from March 2, 2017 to June 5, 2017, respectively.
B. On March 14, 2017, C concluded a subcontract with the Plaintiff as of March 31, 2017, for the manufacturing work of steel structures (including value-added tax), KRW 71,50,000 (including value-added tax), the construction period from March 14, 2017 to April 5, 2017, and the construction price payment date on March 31, 2017, respectively.
(hereinafter “the instant construction contract”). The name of the Defendant E’s representative director is indicated on the joint and several sureties of the instant construction contract and the Defendant’s corporate seal is affixed thereto.
C. As to the above field D, the Plaintiff, at the Defendant’s request, performed the construction works for the production and installation of the headcke (hereinafter “additional construction”) in addition to the instant construction works, at KRW 19,800,000 (including value-added tax).
On April 5, 2017, the Plaintiff completed the instant construction and additional construction, and received KRW 20,000,000 out of the construction price of the instant case on April 14, 2017.
[Ground of recognition] Facts without dispute, Gap 1 through 5, 9, Eul 1 and 3 (Evidence No. 3 is the same as Evidence No. 1) and the purport of the whole pleadings
2. Determination:
A. According to the facts of recognition as to the cause of the claim, barring any special circumstance, the Defendant, a joint and several surety for the construction cost of this case, is obligated to pay to the Plaintiff the sum of KRW 71,300,000 in the construction cost of this case and the additional construction cost of KRW 19,800,000 in the additional construction cost of KRW 71,50,000 in the construction cost of this case - the repayment amount of KRW 20,000 in the additional construction cost of this case - the payment amount of KRW 20,000 after the completion date of the construction of this case, calculated at the rate of 15% per annum from December 19, 2017 following the delivery of a copy of the complaint of this case sought by the Plaintiff from the day of complete payment.
B. A summary of the Defendant’s argument regarding the Defendant’s assertion ① The Defendant shall be the Plaintiff.