공사대금
1. The Defendant’s KRW 254,837,245 as well as 6% per annum from March 27, 2014 to February 17, 2016 to the Plaintiff.
1. The following facts do not conflict between the parties, or can be acknowledged by taking into account the following facts: Gap evidence 1-1-3, Gap evidence 2-1-2, Gap evidence 3-1, 2-2, Gap evidence 3-1, 4, Gap evidence 5, Gap evidence 6, Gap evidence 7-1 through 9, and Gap evidence 8.
On June 4, 2013, the Plaintiff, the main purpose of which is the construction business, entered into a construction contract with Pyeongtaek-si, and with respect to the construction of multi-family houses on the land other than Pyeongtaek-si and one parcel (hereinafter referred to as “instant construction project”), with the construction cost of KRW 715,00,000 (including value-added tax), and with the construction period of the construction from June 10, 2013 to November 20, 2013.
B. On November 25, 2013, the Plaintiff entered into a construction contract between the Defendant and the construction cost of KRW 730,000,000 (including value-added tax) with respect to the instant construction project; and entered into a construction contract with the construction period from June 10, 2013 to January 31, 2014. On December 19, 2013, the Defendant received a report from the head of office to change the owner of the instant construction from B from the owner of the instant construction to the Defendant.
C. Around March 26, 2014, the Plaintiff completed the instant construction. At that time, the Defendant received a multi-family house newly built on the ground, other than Pyeongtaek-si C, and one parcel (hereinafter “instant building”) from the Plaintiff, and obtained approval from the head of office of branch office regarding the instant building in Pyeongtaek-si.
The Plaintiff received KRW 440,00,000 as the construction price of the instant construction project from the Defendant during the period from November 11, 2013 to May 28, 2014.
2. The parties' assertion and judgment
A. According to the above facts, barring special circumstances, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 290,000,000 unpaid (=total construction cost of KRW 730,000,000 - the fixed construction cost of KRW 440,000,000) and damages for delay.
B. The defendant's assertion (i.e., the defendant's assertion).