공사대금
1. The Defendant’s KRW 41,950,00 for the Plaintiff and KRW 6% per annum from March 11, 2016 to February 18, 2017.
1. Facts of recognition;
A. On January 29, 2016, the Plaintiff received a subcontract for B (hereinafter “instant construction”) from the Defendant and determined the construction price of KRW 48,950,00 (including value-added tax) and the construction period by March 10, 2016.
B. On March 10, 2016, the Plaintiff completed the instant construction.
C. From September 9, 2016 to September 14, 2016, the Defendant paid KRW 7,000,000 to the Plaintiff as the price for the instant construction project.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the remainder of the construction cost of KRW 41,950,000 (=48,950,000-7,000) to the Plaintiff, barring any special circumstances.
3. Judgment on the defendant's assertion
A. The Defendant asserted that: (a) around August 11, 2016, the Plaintiff agreed with the Defendant to reduce the price of the instant construction work to KRW 43,076,00; and (b) the Plaintiff agreed to postpone the repayment period for the instant construction work from the Defendant, a contractor, until the payment of the construction cost is made; and (c) the Defendant failed to pay the construction cost from the seed information and communications company after September 13, 2016, the Defendant asserted that the payment period for the construction cost against the Plaintiff has not yet arrived.
B. (1) It is not sufficient to acknowledge that an agreement was reached between the Plaintiff and the Defendant to reduce the price of the instant construction to KRW 43,076,000 on the sole basis of the descriptions of Gap evidence Nos. 4 and Eul evidence Nos. 8 related to the reduction agreement. This part of the Defendant’s assertion is without merit, inasmuch as there is no other evidence to acknowledge it.
(2) The Plaintiff and the Defendant agreed to postpone the repayment period for the instant construction work until the payment of the construction cost is made between the Defendant and the Defendant.