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1. The Defendant’s KRW 64,235,950 for the Plaintiff and KRW 15% per annum from January 24, 2019 to May 31, 2019.
Reasons
1. Facts of recognition;
A. On September 25, 2017, the Defendant: (a) concluded a contract for construction price of KRW 198,00,000 with respect to the installation of safety facilities among the new construction works of the C-Ground D at Yangsan-si; and (b) the construction period from September 25, 2017 to April 30, 2019, respectively;
(hereinafter referred to as the “E Primary Contract”). (b)
On September 25, 2017, the Defendant: (a) concluded a contract with the Plaintiff for the installation and dismantling of safety facilities among the new construction works of the FG G on the FG on the FG on the ground in Gyeyang-si; (b) the construction cost of KRW 291,00,000; and (c) the construction period from September 25, 2017 to April 30, 2019.
(hereinafter referred to as the “E Second Contract”). (c)
The Plaintiff and the Defendant agreed to pay the Plaintiff the payment for the completion of each contract at the end of the following month if the Plaintiff claimed the payment for the completion of each contract to the Defendant.
The Plaintiff performed the primary construction of E and demanded the Defendant to pay for the total amount of KRW 79,695,000 for the first contract of E from December 31, 2017 to November 30, 2018. However, the Defendant did not pay the remainder of KRW 24,317,00 (=79,695,000 - 55,378,000) to the Plaintiff from June 15, 2018 to April 1, 2019.
E. After executing the secondary construction, the Plaintiff filed a claim with the Defendant for the payment of the total amount of KRW 147,682,59 regarding the secondary construction agreement from October 31, 2017 to November 30, 2018. However, the Defendant did not pay KRW 107,763,649 to the Plaintiff from April 26, 2018 to April 1, 2019, the remainder of KRW 39,918,950 (=147,682,599 - KRW 107,763,649).
[Reasons for Recognition] Each entry of Gap 1 to 4 (including paper numbers), the purport of the whole pleadings
2. On the determination of the Defendant’s main defense, the Plaintiff and the Defendant agreed that the Suwon District Court, having jurisdiction over the Defendant’s domicile, shall be the exclusive competent court for the determination of the Defendant’s main defense. The instant lawsuit was filed in violation of the above jurisdiction agreement.