공사대금
1. The Defendant’s KRW 11,00,000 as well as annual 6% from June 29, 2019 to April 10, 2020 to the Plaintiff.
Around May 3, 2018, the Plaintiff entered into a subcontract with the Defendant and D Factory Construction Corporation (hereinafter referred to as “instant construction”) with a total of KRW 121,00,000,000 for the construction cost, and the Plaintiff may, around August 5, 2018, recognize the completion of the instant construction as a whole by taking into account all the arguments as stated in the Evidence A Nos. 1 and 2.
Meanwhile, the Plaintiff is a person who received KRW 73,000,000 among the above construction cost.
According to the above facts, the defendant is obligated to pay the remaining construction cost of KRW 48,000,000 (=121,000,000 - 73,000,000) to the plaintiff unless there are special circumstances.
As to this, the Defendant agreed to pay the Plaintiff KRW 22,00,000 out of the remainder of the construction cost of KRW 48,000,000, and the Defendant asserted that the Plaintiff paid KRW 11,00,000 among them, and thus, in full view of the purport of the entire pleadings, the Plaintiff agreed to settle the accounts on June 28, 2019 with the Defendant as to the unpaid construction cost of the instant case (hereinafter “instant agreement”), and on the same day, the Defendant paid KRW 20,000,000 out of the above settlement amount to the Plaintiff.
As to this, the Plaintiff entered into the instant agreement with the purport that the Defendant exempted the remainder of KRW 10,00,000 (including additional tax) from the payment of the balance of KRW 10,000 by July 10, 2019. Since the Defendant did not pay the balance of KRW 10,000,000 until July 10, 2019, the instant agreement did not take effect, it is insufficient to acknowledge the fact that the Defendant entered into the instant agreement on the condition that the Defendant would pay the balance of KRW 10,00,000 (including additional tax) by July 10, 2019.