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1. The Defendant shall pay to the Plaintiff KRW 27,920,00 and the interest rate of KRW 20% per annum from December 11, 2014 to the date of full payment.
Reasons
1. Basic facts
A. On May 1, 2009, the Plaintiff entered into a service contract with the Defendant on the ground survey and design service among the shop design for the development project in the calamity risk district, setting the contract amount of KRW 40,00,000 (including value-added tax) and the contract period from May 1, 2009 to November 30, 2009, respectively.
At the time, the contract was agreed to pay the full amount of the contract within 30 days after receiving the completion money from the original employer.
Since then, the plaintiff completed the above service, and on December 30, 2009, the defendant paid KRW 20,000,000 to the plaintiff out of the above service price.
B. On September 8, 2010, the Plaintiff entered into a service contract with the Defendant and Jung-gu Incheon Metropolitan City, setting the contract amount of KRW 16,50,000 (including value-added tax) and the contract period from September 8, 2010 to the completion of the task.
The plaintiff completed the above service, and the defendant paid KRW 8,580,000 out of the above service price on September 21, 2012.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2 (including the paper number), the purport of the whole pleadings
2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff the remaining service payment of KRW 27,920,00 ( KRW 40,000 - KRW 20,000 ( KRW 16,500,000 - KRW 8,580,000)) and damages for delay calculated at the rate of 20% per annum from December 11, 2014 to the date of full payment as claimed by the plaintiff after the due date.
The defendant asserts that according to Article 9 of the ground research and design service contract among the shop design of the above salt disaster risk district rearrangement project, "the plaintiff shall, upon completion of the design service, notify the defendant of such fact in writing and undergo necessary examination." However, the plaintiff's failure to comply with the plaintiff's request is not possible.
However, the plaintiff did not implement the above examination procedure.