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1. The Defendant: 5% per annum from April 21, 2012 to October 17, 2014, and October 18, 2014, to the Plaintiff.
Reasons
1. Basic facts
A. On December 6, 2011, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the Defendant for the construction work for the construction of Gyeyang-gu Incheon and C-Ground D Child Care Centers (hereinafter “instant Child Care Centers”) No. 1 Dong (hereinafter “instant building”) (hereinafter “instant construction work”) (hereinafter “instant construction work”), between KRW 590,00,000 and the construction period from December 7, 201 to April 15, 201 (hereinafter “instant construction contract”).
B. The Defendant intended to remove the existing building that had been operating a child-care center and newly construct two buildings on the site to operate the child-care center of this case. Of the above two buildings, the two buildings constructed by the Defendant were almost completed around July 8, 201, and the first building constructed by the Plaintiff was completed around April 20, 2012, and the first building constructed by the Plaintiff was approved for use on April 20, 201 at the same time.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3, the purport of the whole pleadings
2. The fact that the construction cost under the construction contract of this case is KRW 649,00,00 (including value-added tax) is based on the above facts. The defendant paid KRW 394,449,386 to the plaintiff as the construction cost of this case. The defendant paid KRW 76,389,80 to the plaintiff's subcontractor, the defendant paid the plaintiff a direct payment of KRW 76,389,880, and the fact that the construction cost for the non-construction portion of the construction work of this case is 19,849,058 is the plaintiff. Thus, according to the above facts, the defendant is obligated to pay the plaintiff the construction cost of this case as the construction cost of this case unless there are special circumstances.
3. Judgment on the defendant's assertion
A. At the time of conclusion of the instant construction contract, the Plaintiff introduced financial institutions to the Defendant so that the Defendant can receive loans and pay the construction cost of the instant case, and made such loans.