beta
Text
1. The Defendant shall pay to the Plaintiff KRW 22,00,000 and the interest rate of KRW 15% per annum from June 18, 2015 to the day of complete payment.
Reasons
1. Basic facts
A. On February 16, 2010, the Defendant subcontracted the instant construction to C Co., Ltd. (hereinafter “C”) for KRW 180,000,000,000,000 among the construction works for building on land and four parcels of land E-building (hereinafter “instant construction works”).
B. On January 24, 2011, the Defendant was decided to commence rehabilitation procedures as Seoul Central District Court 2010 Ma151, and was decided to obtain the rehabilitation plan on July 1, 2011. In the rehabilitation procedure above, C’s claim for construction payment of the instant case was finalized as KRW 105,844,808 (10,800,000,000,000, excluding the total amount of KRW 97,200,000 and interest at KRW 8,64,808,00 after commencement).
C. Following the commencement of rehabilitation procedures against the Defendant, the instant construction contract with C was terminated, but the Defendant, on May 30, 201, added the amount of KRW 108,000,000 for the remainder of the instant construction project (hereinafter “additional construction”) to KRW 72,00,000 for the construction cost of the remainder of the instant construction project to KRW 108,00,000,000 for the original construction cost.
In concluding a subcontract again with C, the amount equivalent to 46,560,000 of the construction price shall be paid as the substitute for the E building 924, and the remaining 25,440,000 won shall be classified as public-interest bonds and paid first when the sale price is paid after completion.
However, C failed to perform the obligation under the subcontract, and the Defendant terminated the contract for the additional construction around October 28, 201, and purchased the sanitary instruments of KRW 12,100,000 directly from the F Company on November 21, 201 and completed the construction work.
As of March 13, 2012, the Plaintiff had a claim equivalent to KRW 26,703,278 per annum from March 18, 2010 to March 13, 2012, equivalent to KRW 30 per annum of KRW 26,703,278, and KRW 71,453,278 per annum from March 18, 2010. However, the Plaintiff had a claim equivalent to KRW 30 per annum from March 18, 2010 to March 13, 2012.