공사대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. On June 18, 2014, the Defendant, a corporation established for the purpose of construction business, etc. to determine the cause of the claim, subcontracted interior d2,90,000 won (including value-added tax) among the “B neighborhood living facilities and multi-household housing construction business,” which was ordered by the Plaintiff, a corporation established for the purpose of interior construction business, etc., to the Plaintiff, which was a corporation for the purpose of indoor construction business, etc., and subcontracted interior d2,90,000 won (including value-added tax) among the “B neighborhood living facilities and multi-household housing construction business,” the Plaintiff completed the subcontracted construction on July 10, 2014, and the Defendant paid KRW 40,000 to the Plaintiff out of the construction price, and there is no dispute between the parties, and comprehensively taking into account the purport of each pleading set forth in subparagraphs 1-4 and 5 of subparagraph 1-5, the Plaintiff’
According to the above facts, the defendant is obligated to pay to the plaintiff 8,491,905 won (=42,90,000 won - 40,000,000 won - 5,591,905 won) and damages for delay calculated at the rate of 15% per annum from June 16, 2016, which is the day following the delivery date of a copy of the complaint of this case to the day of full payment.
2. The Defendant’s assertion on the Defendant asserts that the Plaintiff is not obligated to pay the additional construction cost on the ground that the Plaintiff’s assertion was that all the construction works are included in the original subcontract agreement, and that there was no increase or decrease in the size of the area, and that there was no additional construction cost due to no increase or decrease in size.
According to the evidence No. 2, it can be acknowledged that the original and the Defendant entered into the instant subcontract construction contract with the effect that “No additional construction cost shall be paid unless there is any increase or decrease in the total construction cost, even if the contract was omitted.” However, it is stated as evidence No. 1-4.