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1. The Defendant’s KRW 35,400,000 and the Plaintiff’s annual rate of KRW 6% from November 11, 2017 to January 10, 2018.
Reasons
1. Basic facts
A. The Plaintiff is a merchant engaged in advertising business with the trade name of D, and the Defendant is a merchant engaged in the franchise business with the trade name of the former E in the former E in the latter E in the latter E in the latter E in the latter E in the latter E.
B. On September 10, 2017, the Plaintiff entered into a contract on the installation of various advertising materials, including external signboards, and indoor signboards, with the Defendant for the installation of advertising materials at KRW 45,400,000 (hereinafter “instant contract”).
C. According to the instant contract, the Defendant paid each of the remainder KRW 20,000,000,000 for the contract deposit per day to the Plaintiff by November 10, 2017.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings
2. Determination on the cause of the claim
A. 1) The Plaintiff’s assertion 1) The contract of this case was entered into with the agreement that the Defendant pre-payment of the construction cost to the Plaintiff. The Defendant paid KRW 10,00,000 to the Plaintiff. As such, the Defendant is obligated to pay the remainder of the construction cost to the Plaintiff from November 11, 2017, which is the following day after the payment date. 2) When the Plaintiff’s assertion completed construction of various advertising materials including the external signboards of this case and interior signboards, etc., the Plaintiff did not specify the time for the payment of the remainder of the construction work, such as the agreement that the Defendant shall receive a loan as security and pay the construction cost. Upon the Plaintiff’s prior payment request for the construction cost, the Defendant did not complete the construction work, and thus, did not have any obligation to pay the remainder of construction cost.
B. Determination 1) The key issue of the instant case is when the time the construction cost of the instant construction contract is due or when the construction cost is due. 2) The disposal document (sales contract) that is deemed true and correct is clear and acceptable as long as there is no reason to deny its content.