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1. The defendant shall pay 67,200,000 won to the plaintiff and 15% per annum from December 1, 2017 to the date of full payment.
Reasons
1. Basic facts
A. On June 29, 2016, the Plaintiff was awarded a subcontract for the creative construction work, etc. (hereinafter “instant subcontract”) in the D shop located in Leecheon-si, Leecheon-si (hereinafter “instant subcontract”) by Nonparty C Co., Ltd. (hereinafter “C”), and the Defendant, as a project owner, jointly and severally guaranteed the contractor C’s obligation to pay the said subcontract price.
B. Around November 2016, the Plaintiff completed both windows and metal works pursuant to the instant subcontract agreement, and C paid KRW 12 million on November 30, 2016 as the instant subcontract price.
【Defendant’s assertion that the subcontracted project of this case was not completed, but this assertion is not accepted). 【Ground for recognition’s absence of any dispute, each entry in Gap’s evidence Nos. 1 through 4, and the purport of the whole pleadings.
2. Determination:
A. According to the above basic facts as to the cause of the claim, the defendant is obligated to pay to the plaintiff 67,20,000 won for the unpaid construction cost, including value-added tax, which is a joint and several surety (=72,00,000 won for construction cost including value-added tax (72,000 won - 12,000 won), including value-added tax), and as requested by the plaintiff, to pay damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 1, 2017 to the day of full payment.
B. The defendant's assertion and judgment on this (i) The defendant, not the plaintiff, entered into the subcontract of this case with Eul by lending the plaintiff's construction license, and C pays 5 million won to E as the construction price, which makes it impossible to respond to the plaintiff's request.
She first of all, there is no evidence to acknowledge that E had concluded the instant subcontract by lending the Plaintiff’s construction license, and the said assertion remains in the remainder.