공사대금
1. The Defendant’s KRW 36,30,50, and the Plaintiff’s annual rate of KRW 5% from October 1, 2017 to March 19, 2019.
1. The Defendant, who was awarded a contract with the Plaintiff (G) on April 15, 2017 (hereinafter “instant construction”) for construction of F building on the plot of land outside the Goyang-dong, Seoyang-gu and three parcels of land from D judgment as to the cause of the claim, entered into a subcontract with the construction cost of KRW 53,00,00 (10,000 as additional dues, down payment, KRW 10,000 as down payment, and the remainder payment within 10 days after the completion of the construction), and the construction period from May 4, 2017 to May 25, 2017 (hereinafter “instant subcontract”). The Plaintiff and the Defendant agreed to additionally implement construction of rooftop part of the instant construction work with the Plaintiff on May 15, 201, or the Plaintiff’s completion of construction work with the Plaintiff’s evidence Nos. 1 to 350,000 as well as the entire construction cost No. 2000.
In this regard, the Defendant asserts that the additional construction cost cannot be recognized since he did not delegate any authority to the head of the site office with respect to the additional construction work. However, if the purport of the entire pleadings is added to the statement in the evidence No. 2, the Defendant requested the Plaintiff to perform the additional construction work on the rooftop of the building; the fact that H, the Defendant’s head of the construction site office, written and signed the additional statement in the additional statement prepared by the Plaintiff, “additional portion of building stones”; accordingly, it is recognized that the Plaintiff performed the additional construction work on
Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the remaining construction cost of KRW 36,500,000 as a result of the instant subcontract.
2. Judgment on the defendant's assertion
A. (1) The Defendant asserted a set-off of the penalty for delay (1) fails to comply with the scheduled completion date set forth in the instant subcontract while performing the instant construction project, and thus, on September 2, 2017, which is the date following the completion date of the instant subcontract.