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1. The Defendant’s KRW 46,453,80 for the Plaintiff and KRW 6% per annum from October 2, 2018 to August 14, 2019.
Reasons
1. Determination on the cause of the claim
A. The following facts can be acknowledged in full view of the purport of the entire pleadings in each of the evidence Nos. 1 and 2 as evidence Nos. 1 and 2.
1) On February 14, 2018, the Defendant was awarded a contract for the construction of a reasonable factory with D around February 2018, and thereafter, on February 14, 2018, to the Plaintiff for painting and rooftop waterproof construction work (hereinafter “instant construction work”).
(2) After concluding the instant construction work on March 3, 2018, the Plaintiff received KRW 135 million out of the construction price from the Defendant, even though it completed the instant construction work on or around March 3, 2018.
B. 1) According to the above facts of recognition of the claim for the construction cost of this case, the defendant is obligated to pay to the plaintiff the remainder of 37.7 million won of the construction cost of this case and damages for delay thereof. 2) The plaintiff asserts that the plaintiff is obligated to pay the additional construction cost as follows.
The Plaintiff’s assertion is with merit within the scope of KRW 8,753,80,00, as it is not sufficient to acknowledge that there was an additional construction work exceeding KRW 8,753,800, which the Defendant acknowledged, and there is no other evidence to acknowledge it.
C. Accordingly, the Defendant is obligated to pay to the Plaintiff 46,453,800 won = 37,777 million won (i.e., KRW 170 million - KRW 135,000) additional construction cost of KRW 8753,800) and to pay to the Plaintiff 6% per annum as prescribed by the Commercial Act from October 2, 2018 to August 14, 2019, which is the date of this sentencing, and 12% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
2. Judgment on the defendant's assertion
A. The defendant asserts that it cannot respond to the plaintiff's claim until the plaintiff received the warranty insurance policy for the construction of this case from the plaintiff.
In this case, the plaintiff is against the defendant.