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1. The Defendant’s KRW 117,953,00 for the Plaintiff and KRW 20% per annum from April 9, 2015 to September 30, 2015.
Reasons
1. Facts of recognition;
A. On February 17, 2012, the Plaintiff concluded a contract for a construction project for sewage supply with respect to the damping construction work (i.e., cooking, painting, and waterproof) among the construction works for the E Hospital in Gangdong-gu Seoul Metropolitan Government (hereinafter “C”) (including value-added tax) and the construction period from February 20, 2012 to June 10, 2012.
B. On August 9, 2012, the Plaintiff changed the construction cost to KRW 295,900,000.
C. The Plaintiff completed the instant construction, but failed to receive part of the construction price from C.
On September 20, 2012, the Defendant, the representative director of C, prepared and sent to the Plaintiff a letter of payment (hereinafter “instant letter of payment”) stating that “A will pay KRW 117,953,000 for the unpaid construction cost by November 30, 2012.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, since the Defendant guaranteed C’s obligation for the payment of the construction cost to the Plaintiff, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 117,953,00 and the damages for delay calculated at the rate of 20% per annum from April 9, 2015, which is the day following the delivery of the copy of the complaint in this case until September 30, 2015, which is stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and from the next day to the day of full payment.
[The damages for delay stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings are recognized from the day following the delivery of a complaint, and damages for delay calculated at the rate of 15% per annum from October 1, 2015 to September 25, 2015 are recognized as only damages for delay calculated at the rate of 15% per annum pursuant to the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015).