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1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate of KRW 6% from June 16, 2017 to November 30, 2017.
Reasons
The Plaintiff’s determination as to the cause of claim shall be based on the Defendant’s acceptance of a subcontract for Changhogs Construction Work located in Seocheon-dong 774-18, Seocheon-gu, Seocheon-gu (hereinafter “instant construction”), and the completion of the instant construction work around November 2, 2016. The Defendant agreed to pay KRW 66,00,000 to the Plaintiff on May 22, 2017. The Defendant paid KRW 11,00,000 out of the construction price of the instant case to the Plaintiff on November 7, 2017 is not disputed between the parties, or may be recognized by taking into account the entire purport of arguments in evidence Nos. 1, 2, and 3.
According to the above facts, the defendant is obligated to pay to the plaintiff the remaining construction cost of KRW 5,00,000 as well as damages for delay calculated at the rate of 6% per annum under the Commercial Act from June 16, 2017 to November 30, 2017 when the original copy of the instant payment order was served on the defendant from June 16, 2017, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
Judgment on Defendant’s argument
A. The defendant asserts that the contract price in this case is not paid to the plaintiff because he did not receive the contract price from the owner of the contract. However, if the contractor completes the construction in the contract of bilateral contract, the contractor is obligated to pay the contract price and the contract owner did not pay the contract price, there is no justifiable reason to refuse the payment of the contract price.
The defendant's above assertion is without merit.
B. The Defendant, upon paying to the Plaintiff KRW 11,00,000 among the construction price, cancelled provisional attachment against the Defendant’s interest-free Korea Ltd., and agreed to pay KRW 55,00,000 for the remainder of the construction price when the Plaintiff cancels the provisional attachment. The Plaintiff paid KRW 11,00,000 from the Defendant.