공사대금
1. The Defendant’s KRW 90,386,406 as well as the Plaintiff’s KRW 6% per annum from December 22, 2017 to February 11, 2020, and the following.
1. Comprehensively taking account of the Plaintiff’s evidence as to the Plaintiff’s cause of claim and the overall purport of the argument, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 137,800,000 (i.e., KRW 217,800,000 (including value-added tax) and delay damages for the construction cost of KRW 217,80,000 as the Plaintiff was awarded a contract for the installation of solar power plants (hereinafter “instant solar power plants”) on January 5, 2015 at the time of residing from the Defendant (hereinafter “instant construction”). As such, the Defendant paid KRW 80,000 among the construction cost of the instant case on December 29, 2016, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 137,80,000 (=217,800,000 - 80,000,000) and damages for delay.
2. Judgment on the defendant's assertion
A. Defendant’s assertion 1) The construction cost of this case is KRW 217,800,00 (including value-added tax) in the contract form, but this is a form to promote loan convenience. The construction cost of this case is actual KRW 176,00,000 (including value-added tax). 2) The Plaintiff and the Defendant agreed after the completion of the construction work of this case that the Plaintiff would receive a loan from the first financial right as collateral for solar power plants site and equipment, and thus, the construction contract of this case is conditional contract, and the condition of the loan from the first financial right has not yet been fulfilled. Accordingly, the Defendant is not obligated to pay the construction cost of this case.
3) Since there is a defect in the instant construction project and the cost of KRW 47,413,594 is anticipated to be incurred as the repair cost, it shall be deducted from the construction cost of this case. 4) At the request of D Co., Ltd. (hereinafter “Nonindicted Company”) to which the Plaintiff subcontracted the instant construction project, the Defendant shall pay wages of KRW 3,400,000 in relation to the instant construction project, KRW 3,000 in design cost for the restoration of the forest room, KRW 2,130,00 in the restoration cost, KRW 2,130,00 in the waste disposal cost, KRW 650,00 in the waste disposal cost, KRW 40,00 in the vehicle oil terminal, KRW 1,260 in food.