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1. Defendant B’s KRW 60,000,000 per annum for the Plaintiff and 6% per annum from June 2, 2014 to October 30, 2015.
Reasons
1. Basic facts
A. On July 24, 2013, the Plaintiff, a company engaged in the construction business, etc., entered into a contract with Defendant B on the terms and conditions that the machinery and equipment and fire-fighting works (hereinafter “instant construction works”) among the “Yancheon-gu Ctel 2, 3, 10, and 11st floor remodeling works,” with the construction cost of KRW 320,000,000, and the construction period from July 26, 2013 to September 26, 2013 (hereinafter “instant construction contract”).
B. While the Plaintiff was running the instant construction project, the Plaintiff suspended the instant construction project on the grounds that Defendant B did not pay the construction cost, etc. on May 2014.
C. The Plaintiff paid Defendant B KRW 4,00,000,000 on July 26, 2013, and KRW 3,000,000 on August 19, 2013, and KRW 2,00,000,00 on September 7, 2013, and KRW 9,00,00,00.
【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 2, 5, 6, and 8 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. According to the Plaintiff’s assertion under the instant construction contract, construction work amounting to KRW 135,00,000, including the construction work amount of KRW 2,300,000 among the instant construction work. Since the Defendants demanded the contract security amount of the instant construction work and paid KRW 9,00,000 to the Defendants, the Defendants are jointly and severally liable to pay the Plaintiff the total construction amount of KRW 144,00,000 and the damages for delay.
B. Since the instant construction contract was concluded between the Plaintiff and the Defendant B, the Defendant Company A (hereinafter “Defendant A”) did not have a duty to pay the construction price to the Plaintiff.
C. Defendant B’s assertion only completed the construction work equivalent to approximately KRW 60,000,00 among the instant construction work, and there is a defect in the completed part, and approximately KRW 93,600,000 is required to repair the defect. Accordingly, the Plaintiff’s damage claim in lieu of the defect repair is offset against the Plaintiff’s claim for construction price.
In addition, KRW 9,00,000, which was paid by the Plaintiff, will be settled at the time of completion of the instant construction project, not as security money.