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The defendant's KRW 53,263,00 and its 5% per annum from September 23, 2018 to March 15, 2019 to the plaintiff.
Reasons
1. Basic facts
A. On June 29, 2018, the Plaintiff completed the instant construction by being awarded a contract with the Defendant for the C-Newly constructed construction works in Busan City, and subsequently awarded an additional contract for the three-story multi-story construction works from August 25, 2018.
9. Until November, 190, the above additional construction cost is 10,460,000 won in total.
B. The Plaintiff entered into a contract with the Defendant for the construction of a new building D in Ansan-si, and continued the said construction work until September 2, 2018, and the construction cost is KRW 20,000,000.
C. From August 1, 2018 to the same year, the Plaintiff was awarded a contract for the construction of a new building E in Busan Metropolitan City from the Defendant.
9. up to 22. The construction work was undertaken, and the construction work amount pertaining to the said construction work is KRW 30,563,000.
The Defendant paid KRW 7,760,000 out of the total construction cost of KRW 61,023,00 (= KRW 20,000,000) to on-site labor workers in a way that directly pays KRW 30,563,00 to the site labor workers.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, 13, and 14, and the purport of the whole pleadings
2. According to the above findings of determination as to the cause of the claim, the Defendant: (a) paid construction price of KRW 53,263,00 to the Plaintiff (i.e., KRW 61,023,00 - KRW 7,760,00) and 5% per annum prescribed by the Civil Act from September 23, 2018 to March 15, 2019, the delivery date of a copy of the complaint of this case, which is the day following the completion date of construction; (b) Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings; (c) Article 2(2) of the Addenda to the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 21501, May 21, 2019); and (d) Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 1565, May 28, 20197).