공사대금
1. The Defendant’s KRW 36,290,060 as well as the Plaintiff’s annual rate from June 17, 2016 to January 4, 2018, and the following.
1. Basic facts
A. On April 2015, the Plaintiff and the Defendant entered into a contract with the Defendant entering into a contract with the Plaintiff to contract the instant E (hereinafter “instant contract”) with the Busan Southern-gu D (hereinafter “instant construction”).
B. The Plaintiff appointed Nonparty F as the site manager and carried out the instant construction work.
The Plaintiff and the Defendant agreed on the instant contract around October 7, 2015 while the instant construction was in progress.
C. After concluding the agreement on the instant contract, the Defendant contracted the remainder of the instant construction to F, and the F completed the remaining construction around November 2, 2015.
The Defendant paid KRW 240,000,000 to the Plaintiff until the time when the agreement on construction cost was terminated, and paid KRW 40,000,000 in addition to a total of KRW 280,000 on November 25, 2015 after the agreement was terminated.
Meanwhile, from September 9, 2015 to October 2, 2015, when the Plaintiff had been running the instant construction project, F spent a total of KRW 37,104,940 as construction cost on behalf of the Plaintiff, and the Defendant paid the amount to F after the agreement was reached.
Therefore, the construction cost that the Defendant paid to the Plaintiff is substantially 317,104,940 won (280,000,000 won).
E. After the conclusion of the agreement, the Defendant paid F totaling KRW 233,950,000 to November 30, 2015, from October 5, 2015 to November 30, 2015.
The amount includes the construction cost of KRW 37,104,940 paid by F on behalf of the Plaintiff before the agreement is reached, which the Defendant paid to F on behalf of the Plaintiff.
Therefore, if the defendant excluded this amount, the construction cost incurred for the remaining construction after the agreement is reached is KRW 196,845,060.
[Reasons for Recognition] Facts without dispute, Gap evidence 2, 3, 4, Eul evidence 1 to 4, witness F's testimony, the purport of the whole pleadings
2. The parties' assertion
A. Plaintiff’s assertion 1) The Plaintiff and the Defendant agreed to the construction cost of the instant contract at KRW 575,00,000. 2) The construction cost incurred by the Plaintiff prior to the termination of the agreement is 276,84.