2017 Gohap457 Construction Price

Boba Co., Ltd.

Dac City Development Co., Ltd.

September 27, 2017

November 29, 2017

1. The defendant shall pay to the plaintiff 20 million won with 6% interest per annum from February 28, 2016 to November 29, 2017, and 15% interest per annum from the next day to the day of full payment.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit, 1/20 shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant shall calculate to the plaintiff 220,000,000 won with 6% per annum from February 22, 2016 to the service date of the principal payment order of this case and 15% per annum from the next day to the day of full payment.

D. The payment of money is made.

1. Determination as to the cause of claim

In full view of the overall purport of the arguments in Gap evidence Nos. 1 through 4 and Eul evidence Nos. 1 (including each branch number, if any), the plaintiff was awarded a contract for the removal of Gap's ground BB (hereinafter referred to as "instant construction") from the defendant, the stock company, and the vice-dong District Housing Association on September 21, 2015 within seven days from September 21, 2015 to October 30, 2015, the construction cost of which is KRW 700,00,000 (excluding value-added tax), and the remaining payment date of the remainder of construction, and the plaintiff completed the construction of the instant construction on or around February 20, 2016. The plaintiff received from the defendant the payment of KRW 50,000,000 (including value-added tax) out of the construction cost of the instant case.

According to the above facts, under the construction contract of this case, the defendant, a joint contractor, is obligated to pay the plaintiff 220,000,000 won [including value-added tax] - 550,000,000 won [including value-added tax] - 550,000,000 won] in accordance with the construction contract of this case and damages for delay calculated at each rate of 6% per annum under the Commercial Act from February 28, 2016 to November 29, 2017, which is the date of completion of the construction contract of this case, the seven days after the date of completion of the construction contract of this case, which is the date of completion of the construction contract of this case.

2. Conclusion

Therefore, the plaintiff's claim is justified within the scope of the above recognition, and the remaining Cheong-gu is dismissed as it is without merit. It is so decided as per Disposition.

Justices Kim Dong-young

Judge Lee Jae-soo

Judges Kim Jong-soo