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1. The defendant shall pay 28,071,720 won to the plaintiff and 20% per annum from September 21, 2010 to the day of complete payment.
Reasons
1. Basic facts
A. On September 18, 2008, the Plaintiff was awarded a contract to construct a new welfare facility for the aged and a neighborhood living facility from the Defendant’s birth (hereinafter “instant construction contract”), Hong-gun, Hong-gun, Hong-gun (hereinafter “instant construction contract”), and at the time of the contract (Evidence A 1) includes the following:
3. Period of construction: Commencement of construction: 950 million won on February 4, 2009, the contract amount of which is 950 million won on September 25, 2008.
6. The timing and method of payment as completed and the down payment - the intermediate payment at the time of the contract (95 million won) - the balance of 37 percent (250 million won) at the rate of fair rates - 20 days (60 million won) after completion
7. The rate of warranty bond: Where the construction price is not paid by the due date for payment, 3% Article 22 (Payment of Price) (3) B shall pay interest calculated by applying the overdue interest rate of 20% per annum to the number of days from the date following the due date for payment to the due date for payment;
B. After March 2009, the contractor of the instant construction contract changed from B to KRW 928 million, and the contract price was changed to KRW 928 million, and the Plaintiff and the Defendant drafted the modified contract (Evidence A (Evidence A 2). On September 25, 2008, September 2008, which was completed on September 25, 2008, and February 28, 2009, the following details are stated in the modified contract.
C. On March 30, 2009, the Plaintiff completed the said construction, and on October 8, 2009, issued a warranty insurance policy with the amount of security deposit of 2,784,000 won (928 million won x 3%) to the Defendant. D.
The Defendant paid the Plaintiff the construction cost of KRW 800,000 to April 20, 2009, KRW 24,805,000 on June 23, 2009, KRW 27,000 on September 24, 2009, KRW 17,000,000 on October 7, 2009, KRW 16,000,000 on October 14, 2009, KRW 1,000 on April 1, 2010, KRW 5 million on June 1, 2010, KRW 3,608,00 on July 308, 2010, and KRW 10 million on September 20, 200, respectively.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6, 7, 8 (including each number; hereinafter the same shall apply) and arguments.