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1. The Defendant shall pay to the Plaintiff KRW 24,650,00 and the interest rate of KRW 15% per annum from February 16, 2016 to the day of complete payment.
Reasons
1. Basic facts
A. On April 23, 2014, the Plaintiff entered into a subcontract agreement with respect to the construction of a factory located in Cheongdo-dong, Busan (hereinafter “instant construction”) that was contracted by Non-Party Dalk Co., Ltd. and Dalk Calk Co., Ltd. from Non-Party Sam Young-dong, Busan (hereinafter “instant construction”) as follows.
- Period: From April 23, 2014 to May 31, 2014 - Contract Amount: KRW 126,500,000 (including surtax);
B. On April 29, 2014, the Defendant issued a written subcontract payment guarantee (hereinafter “instant guarantee”) that guarantees KRW 68,750,000, out of the subcontract consideration that DNA Co., Ltd shall pay to the Plaintiff with respect to the instant construction work.
According to the instant letter of guarantee, the Defendant’s guarantee liability is limited to the portion actually executed by the Plaintiff until May 31, 2014, which is the date of performing the contract, among the time the instant construction was completed.
C. The Plaintiff received respectively KRW 57,750,00 on April 23, 2014 as the construction price of the instant case from DNA Co., Ltd., and KRW 3,300,000 on June 30, 2014, respectively, and paid KRW 3,300,000 out of the remainder of the construction price.
Since then, the Plaintiff and Diplomatic Co., Ltd. agreed to pay KRW 10,000,000 out of the unpaid construction cost of KRW 34,650,000 until March 30, 2015, and the remaining KRW 24,650,000 until December 31, 2015. Accordingly, Diplomatic Co., Ltd paid KRW 10,000,000 on March 31, 2015, but did not pay KRW 24,650,000.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion completed the instant construction until May 27, 2014, but DNA Co., Ltd. did not pay the remaining construction cost of KRW 24,650,00. Therefore, the Defendant is liable to pay the said construction cost to the Plaintiff in accordance with the instant guarantee form.
B. A copy and tax invoice of the Defendant’s assertion submitted by the Plaintiff to the Defendant.