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1. The defendant shall pay 135,100,000 won to the plaintiff and 12% per annum from January 21, 2020 to the day of complete payment.
Reasons
Basic Facts
The Plaintiff entered into a contract with the Defendant to accept each relevant construction work on each day specified in the following table:
On June 9, 2017, the payment of the construction cost due for the construction work under the name of the construction date shall be KRW 20,000,000,000 for the interior construction work from the date of the contract, and KRW 20,000 for the interior construction work among the indoor multi-family housing construction work at Jeju-si on August 10, 2017; and on January 23, 2018, the amount of KRW 23,50,000 among the multi-family multi-family housing extension work at Jeju-si on January 23, 2018, the Plaintiff completed the construction work under each of the above contracts, but failed to receive the corresponding amount of the construction cost stated in the column for failure to pay the construction cost from the Defendant.
The Defendant, around April 13, 2018, paid the Plaintiff KRW 135,100,000 as above until December 30, 2018, and written a written non-performance statement with the purport to pay KRW 100,000,000 to the Plaintiff by June 30, 2018, and to pay KRW 35,100,000 until December 30, 2018.
However, the defendant has not paid the above construction price until now.
[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 6 (including additional number), and the facts of recognition as to the purport of the purport of the entire pleadings, the defendant is obligated to pay to the plaintiff 135,100,000 won for the payment of the unpaid construction cost and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 21, 2020 to the date of full payment.
The judgment of the defendant on the defendant's assertion was given in favor of the defendant in the lawsuit claiming construction price against F Co., Ltd. and the payment of construction price was made by F Co., Ltd., but there was a circumstance that the plaintiff can pay the construction price to F Co., Ltd., but the plaintiff understood it and agreed to extend the payment period until the above lawsuit is terminated.