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1. The defendant shall pay 46,000 won to the plaintiff and 12% per annum from March 15, 2019 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On August 18, 2013, C Co., Ltd. (hereinafter “C”) contracted to the Defendant the 253,000,000 won (including value-added tax) among the construction of a new plant on the land of Jinju-si and four parcels of land (hereinafter “instant construction”).
B. On August 21, 2013, the Defendant subcontracted the instant construction work to the Plaintiff (E) at KRW 231,00,000 (including value-added tax).
C. Around November 2013, the Plaintiff completed the instant construction work.
The Defendant paid the Plaintiff KRW 45,00,000 on October 1, 2013, and KRW 19,97,000 on October 28, 2013, and KRW 120,00 on December 31, 2013, respectively, to the Plaintiff.
E. Around December 31, 2013, F, who served as the head of the Defendant’s field office, embezzled KRW 35,000,000 among the Defendant’s construction price, and the Plaintiff and the Defendant agreed with the content as shown in the attached Form.
(hereinafter referred to as “instant agreement”). [This case’s agreement] . [The ground for recognition .] No dispute, entry of Gap’s 1 through 5, and Eul’s 2 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion that the plaintiff and the defendant did not claim the construction cost of this case until the recovery of each of the claims stated in the agreement of this case by the plaintiff and the defendant set the due date for which the plaintiff did not claim the construction cost of this case, and the due date for the claim for the construction cost of this case arrives as the defendant's claim cannot be recovered. Thus, the defendant is obligated to pay the remaining construction cost of 4
B. The Defendant’s assertion falls under the suspension conditions, and the conditions are not met because the Defendant was unable to recover each of the claims indicated in the instant agreement, or the above assistant constitutes an indefinite period.
Even if the above claim is not recoverable, the due date has not yet arrived.
3. Determination
(a)in respect of any juristic act to which they are attached, the facts indicated in the appendant;