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1. The defendant
A. 26,00,000 won and a rate of 15% per annum from March 24, 2015 to the date of complete payment to Plaintiff A.
Reasons
1. Determination as to Plaintiff A’s claim
A. The facts of recognition (1) The Defendant, as the owner of the building on the third floor above D in Busan Metropolitan City, awarded a contract for 100 million won of the construction cost to E on April 2014 among the construction works for the construction of the said building (hereinafter “instant construction”). On July 5, 2014, E entered into an agreement with the Plaintiff to jointly and severally pay the construction cost to the Plaintiff during the construction period from July 5, 2014 (i.e., KRW 310,00 per square year x 100 square meters per square year) and from July 5, 2014 to October 10, 2014.
(2) The Plaintiff completed the molding construction by October 2014, and the direction of supervision during the construction works, thereby adding approximately KRW 1 square meter on the second floor to the order of the Defendant. The Defendant agreed to pay the Plaintiff KRW 6,500,000 as additional construction cost.
(3) Plaintiff A lent KRW 3.5 million to the Defendant and received reimbursement of KRW 2 million from the Defendant.
(4) The Defendant paid 6 million won out of the construction price to the Plaintiff A, and paid 7 million won to the Plaintiff F of the tree trees employed by the Plaintiff, and paid 13 million won in total.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4-1 and 2, witness E's testimony, purport of whole pleadings
B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff KRW 24.5 million (i.e., the construction cost of KRW 31 million plus KRW 6.5 million - the remainder of the construction cost of KRW 13 million) and KRW 1.5 million (i.e., KRW 3., KRW 3.5 million) plus the remainder of the loans (i.e., KRW 3., KRW 3.5 million). As such, after the date of completion of construction and the date of claim for return of loans, the Defendant is obligated to pay damages for delay calculated at the rate of KRW 15% per annum from March 24, 2015 to the date of complete payment, as sought by the Plaintiff.
In regard to this, the defendant shall pay 7 million won a wooden wage.