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1. The defendant shall pay 142,720,263 won to the plaintiff and 12% per annum from January 16, 2020 to the day of full payment.
Reasons
1. Basic facts
A. On January 6, 2019, the Plaintiff entered into a contract for construction works with the Defendant with respect to steel bars and concrete construction works (hereinafter collectively referred to as “instant construction works”) among the multi-use housing and neighborhood construction works located in Ulsan-gun, Ulsan-gun and D, and entered into each contract for construction works on June 24, 2019, with respect to the construction works located in the said C (including value-added tax), on July 31, 2019 as of July 31, 2019, with respect to the construction works located in the said D (including value-added tax), and on July 31, 2019 as of the scheduled completion date (hereinafter collectively referred to as “instant contract for construction works”).
B. The Plaintiff received total of KRW 188,000,000 from the Defendant as the progress payment for the instant construction contract.
C. On December 11, 2019, the Defendant did not pay the remainder of the construction cost after paying the progress payment under the preceding paragraph. On December 11, 2019, the Plaintiff and the Defendant drafted a written agreement with regard to the unpaid construction cost under the instant construction contract (hereinafter “instant agreement”) as follows:
A: The Plaintiff, B: Defendant B, with respect to the Ulsan-gun C and D-Ground concrete construction contract that the construction works are entrusted to Party A, the above Parties shall agree as follows:
1. Eul recognizes that there are 212,720,263 won unpaid in connection with the contract agreement for reinforced concrete construction works in Ulsan-gun, Ulsan-gun, and D ground;
C. (C 101,281,215 won and D 111,439,048 won and D 111,439,048) 2. B shall give priority to partial payment of KRW 70,000,000 as of December 12, 2019.
3. A receives from B the above KRW 70,000,000 from B, and at the same time, B shall file an application with the Ulsan District Court 2019Kadan15724 square meters for the provisional seizure of real estate (F.M. 512 square meters prior to Ulsan Northern-gu).
On December 12, 2019, the Plaintiff received construction cost of KRW 70 million under Article 2 of the instant agreement from the Defendant.
[Ground of recognition] Unsatisfy, Gap, 1.