공사대금
1. The Defendant shall pay to the Plaintiff KRW 113,09,930 as well as 20% per annum from March 14, 2015 to the date of full payment.
1. The facts falling under any of the following subparagraphs may be found either in dispute between the parties or in combination with the whole purport of the pleadings on the entries and images set forth in Gap evidence 1 to 5:
On April 1, 2012, Sinh-si entered into a contract for the construction of a access road from Soho-ho-ho to Soho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho (hereinafter referred to as "Dong-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho" (hereinafter referred to as "the construction works").
(hereinafter referred to as "the instant construction contract". (b)
On December 12, 2013, the Plaintiff completed the instant construction project (7,499 pieces of work).
2. The plaintiff and the defendant's assertion
A. The Plaintiff, as the cause of the instant claim, concluded a contract on the instant construction project with the Defendant, and completed it, sought payment of KRW 113,009,930 [the construction cost = KRW 102,736,300 ( KRW 13,700 per square meter x 7,49), value-added tax of KRW 10,273,630].
B. As to this, the Defendant recognized the fact that the instant construction contract was concluded and the completion of the construction work, but the Plaintiff concluded a new construction contract between the Plaintiff and the Defendant, thereby cancelling the instant construction contract between the Plaintiff and the Defendant, or accepting the instant construction contract between the Plaintiff and the Defendant. Therefore, the Defendant did not have any obligation to pay the said construction cost to the Plaintiff.
3. Determination
(a) even in the case of acceptance of a contract which is not merely the acceptance of an obligation, the previous parties to the contract shall not be relieved of the obligation;