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Defendant B’s KRW 12,00,000 and its amount are 5% per annum from November 11, 2019 to September 18, 2020.
Reasons
1. Since the plaintiff is a Chinese citizen, the governing law of this case shall be determined in accordance with the Private International Act as it constitutes a case with foreign elements.
The governing law of a contract is governed by the law chosen explicitly or implicitly by the parties (see the main sentence of Article 25(1) of the International Judicial Act), and considering the fact that the Plaintiff sought construction cost under a construction contract based on the application of the Korean law, and the Defendants also do not dispute the governing law, the governing law of the case shall be determined by the Korean law.
2. Determination as to the claim against the defendant B
A. On April 2018, the Plaintiff asserted that Defendant B and the Plaintiff entered into each construction contract with respect to wooden Corporation among the construction works of the YYGGGGGGGGG construction around July 2018, and around that time, each construction work among the construction works of the YGGGGG construction, and completed all of the construction works around that time, and Defendant B did not pay the Plaintiff a total of KRW 15,130,000, the construction cost incurred therefrom. Accordingly, the Plaintiff is obligated to pay the same.
B. The fact that the Plaintiff entered into a construction contract as alleged above with Defendant B, and that Defendant B did not pay the Plaintiff the total of KRW 12,000,000,000 for the construction cost under each of the above construction contracts. There is no dispute between the parties.
Therefore, Defendant B is obligated to pay to the Plaintiff 12,00,000 won for the unpaid construction cost, and to pay 12% interest per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 11, 2019 to September 18, 2020, which is the date following the date of delivery of a copy of the complaint of this case, which is deemed reasonable for Defendant B to dispute as to the existence and scope of the obligation.
Furthermore, the Plaintiff asserts that the unpaid construction cost of Defendant B is KRW 15,130,000,000.