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1. The Defendant’s KRW 50,000,000 and its amount shall be 15% per annum from February 8, 2019 to May 31, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff was awarded a contract with the Defendant for the structural construction works among the new apartment construction works on the D ground (hereinafter “instant construction works”), and completed the relevant construction works.
B. On February 14, 2018, the Defendant settled the unpaid construction cost of the instant construction with the Plaintiff as KRW 60,000,000. Of them, KRW 10,000,000 shall be paid to the Plaintiff until February 14, 2018, and the remainder of KRW 50,000,000 shall be sold to the Plaintiff in the way of offsetting the sales contract amount with KRW 50,00,000 in Busan East-gu E Multi-household Housing and Officetel F (hereinafter “instant real estate”) in Busan-gu E (hereinafter “instant real estate”). The Defendant paid KRW 10,000 to the Plaintiff on February 14, 2018 according to the aforementioned agreement.
C. Until February 28, 2018, the Plaintiff notified the Defendant of the cancellation of an accord and satisfaction agreement under the instant agreement upon the Plaintiff’s failure to perform his/her duty to prepare the sales contract through the Plaintiff’s proof of content, and the notification reached the Defendant around that time.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. According to the above findings of determination, since an agreement on payment in kind under the agreement of this case was lawfully cancelled due to the Defendant’s failure to perform its duty to prepare the contract, the Defendant is obligated to pay to the Plaintiff the unpaid construction cost of KRW 50,000,000 according to the agreement of this case as well as the interest rate of KRW 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from February 8, 2019 to May 31, 2019, and delay damages calculated at the rate of 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
Special Cases concerning the promotion of litigation, etc.