beta
Text
1. The defendant shall pay 48,170,000 won to the plaintiff and 12% per annum from June 24, 2020 to the day of complete payment.
Reasons
1. The following facts may be acknowledged in light of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 to 5.
On October 11, 2019, the Defendant contracted the Plaintiff to extend the building of C Co., Ltd. located in the Changwon-si, Changwon-si.
(hereinafter “instant construction contract”). B.
The Plaintiff completed construction works under the instant construction contract from October 25, 2019 to January 31, 2020.
C. The Plaintiff agreed with the Defendant to determine the construction cost to be paid by the Defendant to the Plaintiff as the sum of KRW 148,170,000 as indicated below in the process of performing construction work under the instant construction contract, and issued a tax invoice as listed below with the Defendant as the person to whom the Defendant was supplied under the said agreement.
The construction cost (including value-added tax) of October 30, 2019, KRW 148,170,000 on the date of issuance, which is the aggregate of the construction cost (including value-added tax) of KRW 66,00,000 on November 30, 2019, KRW 16.16,210,00 on January 16, 2020, KRW 148,170,000 on February 25, 2020.
D. Of the above construction cost of KRW 148,170,000, the Plaintiff received payment of KRW 50,000,000 on November 8, 2019, and KRW 30,000,000 on January 10, 2020, and KRW 20,000,000 on January 23, 2020, and KRW 100,000,000 on a total.
2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff the balance of construction cost of KRW 48,170,000 (=148,170,000 - 100,000,000) under the construction contract of this case and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from June 24, 2020 to the date of full payment, as the plaintiff seeks.
In regard to this, the Defendant did not issue a tax invoice of KRW 148,170,000 to the Plaintiff. The Plaintiff asserted that the construction cost agreed upon by the Plaintiff and the Defendant was KRW 100,000,000, and the Plaintiff asserted that the construction cost agreed upon was KRW 148,170,000. However, the Plaintiff agreed with the Defendant to determine the construction cost under the instant construction contract as KRW 148,170,000.