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1. The Defendant shall pay to the Plaintiff KRW 21,80,000 and the interest rate of KRW 15% per annum from June 30, 2016 to the day of complete payment.
Reasons
1. Basic facts
A. On August 10, 2015, the Plaintiff was awarded a subcontract with the head of the Suwon-do Multi-household Construction Work (hereinafter “First Construction Work”) among the Defendant’s “New Housing Construction Work (hereinafter “New Housing Construction Work”) and the “New Housing Construction Work (2) of the Han-gu Multi-household Construction Work” (hereinafter “Second Construction Work”) as the respective construction period from August 10, 2015 to September 10, 2015 (hereinafter “each of the instant Construction Works”).
B. On August 19, 2015, the Plaintiff received a performance guarantee insurance policy for each of the instant construction works from the Seoul Guarantee Insurance Co., Ltd. and delivered it to the Defendant around that time. On January 28, 2016, after completing each of the instant construction works, the Plaintiff issued a performance guarantee insurance policy for each of the instant construction works from the Seoul Guarantee Insurance Co., Ltd., and issued it to the Defendant around that time.
C. The Defendant paid KRW 50,000,000 to the Plaintiff as the construction cost of each of the instant construction works.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the plaintiff the unpaid construction cost of KRW 21,800,000 [20,000 + purchase price of KRW 1,90,000 + purchase price of KRW 34,00,00 + purchase price of KRW 34,000 + purchase price of KRW 1,90,000 + purchase price of KRW 50,000] and damages for delay calculated at the rate of 15% per annum as requested by the plaintiff from June 30, 2016 to the date of delivery of the copy of the complaint of this case as requested by the plaintiff after the completion of each construction of this case.
3. The defendant's assertion is alleged to the effect that the damage claim in lieu of the defect repair due to the defect in the part constructed by the plaintiff relating to each of the construction works of this case is offset against the plaintiff's claim for construction cost.