공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On May 4, 2010, the Plaintiff (hereinafter “CM”) entered into a contract with the Defendant for a new construction work (hereinafter “instant construction work”) and completed the construction work on March 31, 201. The contract prepared by the original Defendant with respect to the instant construction work (hereinafter “instant construction contract”) contains KRW 200 million.
[Ground of recognition] Facts without dispute, entry of Gap evidence No. 1, fact inquiry results about the original city of this court on February 5, 2014, the purport of the whole argument, and the purport of the whole argument
2. The plaintiff's assertion
A. The initial estimate of the instant construction project was KRW 749,748,805, but the original Defendant subsequently determined the price at KRW 450 million when concluding a construction contract.
At the time of the contract, the Defendant had already been allocated the budget for cultural heritage subsidies in 2010 at Changwon-si, and the amount of KRW 200 million was paid by the Defendant for additional subsidies in 2011 from Changwon-si, and KRW 50 million was directly borne by the Defendant.
The contract of this case was prepared for the purpose of being provided with the above budget of KRW 200 million in 2010, and the contract of this case only stated the construction cost as KRW 200,000 in the contract.
B. In addition, the construction cost of KRW 454,627,278 was paid when the construction cost of the instant construction was settled, and the construction cost was settled in the said amount.
C. However, since the Defendant did not pay the remainder of the construction cost as well as 200 million won with the above subsidies in 2010 at Changwon-si, the Defendant is obligated to pay the remainder of the construction cost so settled as above, 254,627,278 won and damages for delay.
Even if the above contract for the settlement of construction cost is not acknowledged, the defendant's interest equivalent to the above payment amount of KRW 254,627,278 due to the plaintiff's construction work without any legal ground.