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1. The Defendant’s KRW 7,915,982 as well as the Plaintiff’s annual rate from November 3, 2015 to July 19, 2016.
Reasons
1. Basic facts
A. On January 6, 2014, the Plaintiff entered into a contract for a contract with the Defendant (i.e., the Plaintiff Company of Gi-Sabubing Facilities prior to the change) and the Busan-gu Busan-gu C Construction Work (hereinafter “instant Construction Work”) for the construction cost of KRW 165 million (including value-added tax) and the construction period from January 6, 2014 to February 29, 2014.
B. On March 20, 2014, the Plaintiff completed the instant construction work.
C. The Defendant, by remitting KRW 13 million to the Plaintiff and remitting the total of KRW 129.46 million to the Plaintiff, D, and E, paid a total of KRW 14.2.46 million to the instant construction cost.
[Ground of recognition] Uncontentious facts, Eul's entry in the evidence 1-1 to 10, the purport of the whole pleadings
2. The Plaintiff’s assertion that the construction cost of this case was KRW 165 million, which was paid only KRW 127 million, and the remainder of KRW 38 million was not paid. As such, the Defendant is liable to pay the Plaintiff the construction cost of KRW 38 million and the delay damages therefrom.
3. Determination
A. According to the facts seen earlier prior to the payment of the unpaid construction cost, the Defendant is obligated to pay to the Plaintiff the unpaid construction cost of KRW 2,540,000 (i.e., KRW 165,00,000 - the paid construction cost of KRW 14,2460,00) and damages for delay.
B. The Defendant’s assertion 1) asserts that since the Plaintiff did not issue a tax invoice, the amount of KRW 15 million equivalent to value-added tax should be deducted from the construction cost of this case including value-added tax. However, the issue of whether to issue a tax invoice or whether to pay value-added tax does not affect the subcontractor’s duty to pay the construction cost, the Defendant’s assertion is without merit. 2) Since the Defendant paid on behalf of the Plaintiff KRW 17,809,000 to F, G, H, and I on behalf of the Plaintiff, it has the claim for reimbursement of KRW 17,809,000 against the Plaintiff. The Plaintiff’s claim for reimbursement is the claim for reimbursement