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1. The Defendant (Counterclaim Plaintiff) paid KRW 11,00,000 to the Plaintiff (Counterclaim Defendant) and its related amount from February 5, 2013 to March 18, 2015.
Reasons
1. Basic facts
A. On September 25, 2012, the Plaintiff and the Defendant concluded a construction contract with the content that the Plaintiff and the Defendant set up one of the indoor plant gardens and the lower court in the tourist farm facilities operated by the Defendant at KRW 48,000,000 for each of the electric boiler (hereinafter “instant first contract”), and the Plaintiff completed the installation of two electric boilers around November 9, 2012.
B. After that, at the request of the Defendant, the Plaintiff entered into a contract to set up one of the electric boilers at KRW 11,00,000 (hereinafter “instant contract”) on the soup bank located within the tourist farm facilities operated by the Defendant (hereinafter “instant contract”), and completed the installation of one of the electric boilers around December 20, 2012.
C. The Defendant paid the Plaintiff KRW 48,000,000 under the instant contract, but did not pay KRW 11,00,000 according to the instant contract No. 2.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings
2. Determination on the main claim
A. According to the above facts, the defendant, barring special circumstances, 11,00,000 won as stipulated in the contract of this case and 5% per annum as stipulated in the Civil Act from February 5, 2013 to February 18, 2015, the delivery date of the original copy of the payment order of this case, and 20% per annum as stipulated in the main sentence of Article 3 (1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015) and the provisions concerning statutory interest rate of Article 3 (1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015) are all amended by Presidential Decree No. 26515, Feb. 15, 2015>