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1. The Defendant’s KRW 41,549,270 as well as the Plaintiff’s annual rate from May 9, 2019 to December 19, 2019.
Reasons
1. Basic facts
A. The relationship between the parties 1) The Plaintiff is a corporation mainly engaged in packaging works, etc., and the Defendant is a corporation mainly engaged in civil engineering works. 2) The Plaintiff subcontracted packaging works to the Defendant several times.
B. The Plaintiff entered into a subcontract, from May 2018 to March 2019, was awarded a subcontract with the Defendant and completed the package work as follows.
1. Name of the Corporation: Name of the Corporation: Name of the Corporation: 15,070,000 (including value-added tax): Name of the Corporation: Name of the Corporation: Name of the Corporation: Name of 1,540,000 (including value-added tax) in the location of the window at Changwon-si: Name of the Corporation: Name of 15,730,000 won (including value-added tax) in the location of the package packing work at Kimhae-si: Name of the Corporation in the location of the package packing work at Changwon-si: Name of 8,580,000 (including value-added tax): Name of the Corporation in the location of the package packing work at Changwon-si: Name of 23,436,270 (including value-added tax): Name of the window at Changwon-si: Name of 30,300,000 (including value-added tax): Name of the construction work at Changwon-si (including value-added tax): Name 230,300,360
C. 1) The payment of the subcontract price for the construction works described in the foregoing paragraph (b) is KRW 67,986,270 (i.e., KRW 15,070,000 KRW 15,540,730,000 KRW 15,580,000 KRW 23,436,270 KRW 3,630,000). 2) The Defendant paid the Plaintiff KRW 22,850,000 on November 12, 2018, KRW 3,000,000 on November 30, 2019, and KRW 10,000 on January 10, 2019.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11 (including additional number), the purport of the whole pleadings
2. Determination
A. According to the above facts, barring special circumstances, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 45,136,270 (i.e., KRW 67,986,270 - 22,850,000) and damages for delay.
B. Determination on the Defendant’s claim 1) Of the packing work for which the Plaintiff asserted, the part of the packing work at the H Corporation site is related to Article 1-2(1)(b) and (6).