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1. The Defendant shall pay to the Plaintiff KRW 108,901,00 and the interest rate of KRW 12% per annum from September 2, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff (former : D) as a party is a person engaging in a creative, metal, or glass construction business with the trade name of E, and the Defendant is a stock company with the objective of building construction business.
B. The Defendant’s payment of the unpaid construction cost was awarded a contract to the Plaintiff, including the creation of several construction sites. The details of the unpaid construction cost between the Plaintiff and the Defendant are as follows.
The amount to be paid by the Defendant at the construction site (won) 1 Youngdo 9,000,000 2 Youngdo 6,850,000 housing 1,010,000 4 Yangdo 2,570,000 19,430,000
C. F Corporation 1) G contracted the Defendant to build a new building (H building) on the F of the State of Busan East-gu. F
2) On March 30, 2015, the Defendant subcontracted the construction price of KRW 135,00,000 ( separate value-added tax), and the construction period from March 30, 2015 to June 30, 2016, respectively, to the Plaintiff, with respect to the construction work, such as windows, glass, and miscellaneous iron, during the said F work. The Plaintiff completed the said construction.
3) The Defendant paid the Plaintiff KRW 22,00,000 as the above construction cost, around July 2015, KRW 16,50,000, KRW 16,000 around September 5, 2015, KRW 15,000 around February 5, 2016, KRW 15,000 around February 6, 2016, and the Plaintiff directly paid KRW 56,20,000 to the Plaintiff around September 6, 2016 (the Plaintiff paid KRW 56,20,00 to Company I that supplied materials to the Plaintiff) (the Plaintiff paid the additional construction cost in the manner of paying KRW 56,20,00,00 in lieu of KRW 56,20,00,00 to the Plaintiff, KRW 30,00 as the result of the appraisal of the said F Corporation’s additional construction work by the Plaintiff, and the Plaintiff completed the construction work by adding KRW 80,000,000.
(d)
K Corporation 1) On November 2015, the Defendant contracted the Plaintiff with Busan Shipping Daegu K Corporation, and the Plaintiff completed the said construction, and the Defendant paid KRW 4,400,000 to the Plaintiff the said construction cost around November 2, 2015.