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Reasons
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(영문) 울산지방법원 2018.09.06 2018가단54486
공사대금
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1. The Defendant shall pay to the Plaintiff KRW 84,00,000 and the interest rate of KRW 15% per annum from February 23, 2018 to the day of complete payment.

Reasons

1. Judgment on the ground of the plaintiff's claim

A. The following facts are acknowledged as either a dispute between the parties, or in full view of the evidence Nos. 1 to 4 and the purport of the entire pleadings.

1) Around May 2016, the Defendant awarded a contract to C Co., Ltd. for new construction of buildings located in Ulsan-gu. C Co., Ltd. subcontracted the portion of the painting construction work to the Plaintiff at KRW 154,00,000 for construction cost. 2) The Plaintiff completed the painting construction, but C Co., Ltd did not pay the remainder of KRW 84,000,000 for KRW 154,000,000, out of the price of KRW 154,000.

3. On the other hand, on August 7, 2017, the Defendant, upon receiving a written waiver of the right of retention from the Plaintiff, agreed to pay the unpaid portion of the cost of the painting construction to the Plaintiff on behalf of the Defendant.

B. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 84,00,000,000, which is not paid out of the price of the painting construction work, and the damages for delay calculated by the rate of 15% per annum from February 23, 2018 to the day of full payment following the delivery date of the complaint in this case, pursuant to the agreement between August 7, 2017.

2. Judgment on the defendant's assertion

A. On August 16, 2017, the Defendant asserted that: (a) paid KRW 100,000,000 to the Plaintiff on August 16, 2017; and (b) paid the unpaid amount of KRW 84,00,000 out of the cost of the painting work.

B. According to the evidence No. 1, the defendant paid KRW 100,000,00 to the plaintiff on August 16, 2017. However, according to the evidence No. 4-1, No. 4-2, the above KRW 100,00,000 paid for short-term loans, which can be acknowledged that the plaintiff returned the above KRW 100,000 to the defendant on September 14, 2017. Thus, the above argument by the defendant is without merit.

3. The plaintiff's claim for conclusion is justified and acceptable.

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