beta
Text
1. The Defendant’s KRW 98,850,00 for the Plaintiff and KRW 6% per annum from January 9, 2016 to April 26, 2016.
Reasons
1. Determination as to the cause of claim
A. Fact 1) The Plaintiff is a merchant engaged in the construction of civil engineering, etc. with the name of “B” and the Defendant on November 27, 2015, and the incidental civil engineering works among the new construction works of the building (seven buildings) on the land (seven buildings) on the land outside C and six parcels of land that the Defendant performed (hereinafter “instant construction works”).
(2) On January 8, 2016, the Plaintiff concluded a contract with the effect that the Plaintiff will accept the instant construction on a fixed basis, setting the construction period of KRW 176 million (including value-added tax) and from November 28, 2015 to December 14, 2015.
After the settlement of construction costs, the Plaintiff and the Defendant agreed to the construction cost of KRW 120 million to be paid by the Defendant.
However, the defendant did not pay the plaintiff the above construction cost of KRW 13 million, which is KRW 10,000,000,000, and did not pay the remaining KRW 11,50,000,000.
3) On March 14, 2016, the Plaintiff transferred the claim of KRW 12650,000,000,000 to E, etc. Of KRW 111,500,000. E, etc. filed an application against the Defendant for a payment order of KRW 12,650,000,00 for the above acquisition amount. [Evidence Evidence: Each entry of evidence No. 1 or No. 7 and the purport of the entire pleadings
B. According to the above findings of determination, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 9850,000 (=110,500,000 won - 12650,000) and the damages for delay calculated by each of the 15% annual rates prescribed in the Commercial Act from January 9, 2016 to April 26, 2016, the service date of the original copy of the instant payment order, from the date following the completion date of construction, to the date of delivery of the original copy of the instant payment order, and from the next day to the date of full payment.
2. In conclusion, the plaintiff's claim can be accepted, and it is so decided as per Disposition by admitting it.