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1. The Defendant shall pay to the Plaintiff KRW 28,050,000 and the interest rate of KRW 15% per annum from November 28, 2015 to the day of full payment.
Reasons
1. Determination as to the assertion on the cause of claim
A. Fact 1) The Plaintiff is a company running oil tank installation business, etc. in Gangdong-gu, Gangdong-gu, Seoul. The Defendant is a company running building business in 1089 according to the strengthening of the lower surface of Incheon-gun. 2) On June 8, 2015, the Plaintiff entered into a contract with the Defendant to receive a subcontract for construction work (hereinafter “instant construction contract”) from the Defendant for KRW 51,700,000 for the construction cost among the “construction works for underground emergency oil storage facilities in the smoke-resistant power plant” ordered by the Incheon Regional Headquarters of Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”). On August 31, 15, 195, the Plaintiff concluded a contract to increase the contract amount to KRW 53,90,000.
3) The Plaintiff completed the instant construction project, and the Defendant paid only KRW 25,850,00,000 out of the amount of the instant construction contract to the Plaintiff. [The fact that there is no dispute over the grounds for recognition, each entry in the evidence No. A, and the purport of the entire
B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from November 28, 2015 to the date following the delivery date of the original copy of the instant payment order, for which the Plaintiff seeks payment, from the date of completion of the instant construction work (i.e., KRW 53,90,000, KRW 25,850,000) and after the completion date of the instant construction work.
2. As to the Defendant’s assertion, the Defendant asserted to the effect that the Defendant agreed to pay the instant construction cost directly to the Plaintiff by the Plaintiff, the Defendant, the Defendant, and the 3rd Korean Power, and thus, the remainder of the instant construction cost was paid by Korea Electric Power, and the Defendant’s obligation to pay the construction cost was extinguished. The Defendant’s final agreement was reached to reduce the instant construction cost by KRW 51,700,000,
In light of the language and text of Article 14(1) of the former Subcontract Act, three persons who place a contract, the prime contractor, and the subcontractor.