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1. Defendant C Co., Ltd. shall pay KRW 16,00,000 to the Plaintiff and 6% per annum from October 18, 2018 to August 22, 2019.
Reasons
1. Determination on the cause of the claim
A. In full view of the part on the claim for the remainder of the construction project (1) and the purport of the entire argument in the evidence No. 1, the Plaintiff and the Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a contract for the removal of the building (hereinafter “instant removal contract”) with the Plaintiff by setting the construction cost of KRW 36 million and the construction period from December 21, 2017 to January 10, 2018. The Plaintiff completed the instant construction project around January 15, 2018; Defendant C paid the Plaintiff KRW 20 million in total of the cost for the removal of the instant construction project under the instant contract to the Plaintiff by December 21, 2017.
According to such facts of recognition, Defendant C is obligated to pay the Plaintiff the balance of the construction cost of this case (=36 million won-20 million won).
(2) As to this, Defendant C asserts that it cannot pay KRW 16 million to the Plaintiff the balance of the construction price of this case before receiving the government-funded agency document (the report of removal, loss, and certificate of completion) as stipulated in Article 7 of the removal contract of this case from the Plaintiff.
However, the plaintiff is obliged to deliver the government-funded agency document as alleged by defendant C to defendant C.
However, it is not sufficient to recognize that the obligation to pay the balance of the instant construction work borne by Defendant C to the Plaintiff and the obligation to deliver the above-mentioned government-funded documents to the Plaintiff to Defendant C are in the simultaneous performance relationship only with the statements in the evidence Nos. 1 and 2, and there is no other evidence to acknowledge otherwise.
Rather, according to the removal contract of this case, Defendant C’s construction cost of KRW 20 million out of KRW 36 million and the remainder construction cost of KRW 16 million after completion of construction work after removal of wastes after removal of the ground.