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1. The Defendant’s KRW 33,272,727 as well as the Plaintiff’s KRW 20% per annum from April 11, 2015 to September 30, 2015, and the following.
Reasons
1. Determination on the cause of the claim
A. 1) A Corporation (hereinafter referred to as “instant Corporation”)
(1) The Defendant, who was awarded a contract from the State of Ma, Co., Ltd., on October 4, 2012, entered into a contract between the Plaintiff and the Plaintiff on October 4, 2012, under which the Plaintiff entered into a subcontract for the instant construction project with construction cost of KRW 82,00,000
(2) The Plaintiff completed the instant construction on or around March 2013, and the Defendant paid to the Plaintiff KRW 48,727,273,273 as construction price on October 12, 2012, KRW 12,00,000 on January 22, 2013, KRW 9,000,000 on March 12, 2013, and KRW 48,727,273 on April 2, 2013.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings
B. According to the above factual basis, barring any special circumstance, the Defendant is obligated to pay the Plaintiff 3,272,727 won of the unpaid construction cost (82,00,000 won - 48,727,273 won) and the payment order of this case from April 11, 2015 to September 30, 2015, the service of the original copy of the payment order of this case, with 20% of the annual interest rate under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, Article 2(2) of the Addenda of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, 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 pay damages for delay at the annual rate of interest calculated under the main sentence of Article 315(1).
2. The Defendant alleged that the Defendant paid the Plaintiff KRW 21,686,535 (the amount claimed by the Defendant, KRW 70,413,808, KRW 48,727,273, as the construction cost of the instant case, in addition to the amount of payment recognized under paragraph (1). However, the Defendant stated the evidence Nos. 2-1 through 4 alone.