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1. The Defendant shall pay to the Plaintiff KRW 50,346,00 and the interest rate of KRW 15% per annum from November 24, 2015 to the date of full payment.
Reasons
1. Determination as to the cause of claim
A. The facts of recognition 1) The Defendant ordered the Plaintiff to perform the tin work of a building that the Defendant newly built as follows. Serial CD 67,410,000 on May 14, 2014 on the date of completion of the construction work at the construction site (original construction cost) the owner of the building at the construction site was assigned to the Plaintiff. The Plaintiff did not transfer KRW 243,346,000 as the total sum of KRW 246,90 on April 16, 2014, GB 106,900 on July 3, 2014, while the Plaintiff did not pay KRW 69,030,000 in total over several occasions from May 6, 2013 to December 31, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1, 2 and 3 (including each number), the purport of the whole pleadings
B. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the construction cost of KRW 50,346,000, which has not yet been paid to the Plaintiff, and damages for delay calculated at the rate of 15% per annum from November 24, 2015 to the date of complete payment, as the Plaintiff seeks.
2. Judgment on the defendant's assertion
A. The Defendant asserted that the agreement on the waiver of the construction cost due to the delay in construction was made, and the Plaintiff agreed not to receive the construction cost if the delay in construction was made at the time of the conclusion of each of the above tin construction contract, but the construction cost in this case cannot be paid in accordance with the agreement on the waiver of construction cost as it completed tin construction more than 25 days and more than 123 days within the construction period in the case of the building located G in the G in the G in the Asia-si. However, the evidence submitted by the Defendant alone is difficult to acknowledge that there was
B. The defendant asserts that construction work is completed.