beta
Text
1. The defendant shall pay 37,841,400 won to each of the plaintiffs and 15% per annum from May 24, 2017 to the day of complete payment.
Reasons
1. Basic facts
A. 1) D (E) from the Defendant on September 25, 2016, among the instant construction works, D (E) is awarded a contract for the construction of reinforced concrete and non-form construction works from the Defendant on September 25, 2016 (hereinafter “instant construction works”). From September 25, 2016 to November 30, 2016, the construction period of reinforced concrete and non-form construction works is KRW 81 million (excluding value-added tax), the period of construction from September 25, 2016 to November 30, 2016, and the warranty bond rate of 3%
(2) Of G new construction works in North Korea-gu Pohang-si, the construction amount of KRW 87 million (excluding value-added tax), the construction period from September 25, 2016 to December 15, 2016; and the construction period of the construction period of KRW 30,000 (hereinafter “instant construction”).
(2) After December 2016, D completed each of the instant construction works.
B. On March 29, 2017, D entered into a contract on the assignment of claims, on the part of the Defendant for each of the instant construction works, transferred to the Plaintiffs the remaining claim for the construction cost (as indicated in KRW 113 million on the bond transfer contract). Around March 30, 2017, D notified the Defendant of the fact of the assignment of claims.
[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings
2. The Plaintiffs recognized that the Defendant paid part of the construction price of this case to D or constructor KRW 87,277,200 (i.e., KRW 20 million on September 29, 2016, KRW 9.9 million on November 9, 2016, KRW 81,427,200 on the total of KRW 5,850,000 on the total of KRW 81,427,200 on November 18, 2016, and KRW 5,850,00 on the total of KRW 9,00 on the total of KRW 81,427,20 on the total of KRW 5,850,00 on the part of the construction price of this case. The Plaintiffs claimed the remainder of the construction price of each of the construction price of this case less KRW 168,000 on the security deposit for repairing defects x 3%).
Therefore, according to the above facts of recognition, the defendant shall pay to each of the plaintiffs 37,841,40 won [=75,097,800 won = 87,277,200 won - 5,040,000 won - 5,040,000 won] x 1/2] as requested by the plaintiffs as of May 24, 2017.