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1. The Defendant’s KRW 45,800,000 as well as 6% per annum from April 27, 2016 to February 10, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. On November 10, 2015, the Defendant entered into a contract with the Plaintiff for the provision of goods at the subcontract price of KRW 85,800,000 (including value-added tax) among the “the construction cost of the first excellent treatment facilities” among the “the construction cost of the original excellent treatment facilities” ordered by the Defendant from the upper north-do.
B. Accordingly, the Plaintiff completed the supply and construction of the initial processing device from November 10, 2015 to April 26, 2016.
C. On September 13, 2016, the Defendant paid 40,000,000 won out of the construction price to the Plaintiff, and did not pay 45,800,000 won up until then (=85,800,000 - KRW 40,000).
[Ground for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3, the purport of the whole pleadings]
2. Determination:
A. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 45,800,000 for the remainder of the construction work, and the damages for delay calculated at each rate of 6% per annum under the Commercial Act from April 27, 2016 to February 10, 2017, which is clearly indicated as the delivery date of the instant payment order, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.
B. As to the judgment on the Defendant’s assertion, the Defendant deposited the residual money to the effect that the Defendant did not have any obligation to comply with the Plaintiff’s claim.
Therefore, according to the overall purport of the statement and argument of the evidence No. 1, the plaintiff was found to have received a decision of provisional seizure of claim amounting to KRW 47,125,063 from the Seoul East Eastern District Court 2016Kadan3509 with respect to the claim for the construction cost against the Gyeongbuk-do, and the Gyeongbuk-do was served on October 31, 2016 and deposited KRW 47,125,063 with the defendant as the depositee on December 30, 2016.