공사대금
1. The Defendant’s KRW 111,37,515 as well as 6% per annum from June 17, 2015 to September 14, 2017 to the Plaintiff.
1. Facts of recognition;
(1) On July 29, 2014, the Defendant concluded a construction contract (hereinafter “construction contract as of July 29, 2014”) under which the construction of four-story neighborhood living facilities and storage facilities (hereinafter “instant building”) on the ground of 30,000 square meters in Seo-gu, Busan (hereinafter “instant construction”) entered into with the Plaintiff on July 29, 2014, under which the construction cost is KRW 797,50,000, and the construction period is from October 20, 2014 to January 30, 2015 (hereinafter “construction contract as of July 29, 2014”). The Plaintiff submitted a written estimate of total construction cost to the Defendant regarding the construction contract as of July 29, 2014 (hereinafter “written estimate of total construction cost is 797,50,000,0000, and the Defendant received the said written estimate of tax reduction and exemption from the construction contract from a financial institution.
D. The instant construction project commenced from October 23, 2014. On October 15, 2014, the Plaintiff and the Defendant concluded a construction contract with the construction cost of KRW 730,500,000 (including value-added tax) and the construction period of KRW 730,50,000 (including value-added tax) from October 20, 2014 to January 30, 2015 (hereinafter “construction contract as of October 15, 2014”). The Plaintiff issued to the Defendant a contract statement with the total construction cost of KRW 730,50,000 (hereinafter “contract statement as of October 15, 2014”). However, the Defendant did not sign and seal the contract statement.
Secondly, on October 15, 2014, the Plaintiff and the Defendant drafted a document stating “Agreement on Refund of the Difference of Construction Costs.” Its content is that “The banking report construction cost shall be KRW 725,000,000 (excluding value-added tax), KRW 658,00,000 (excluding value-added tax), the difference between the actual construction cost and KRW 67,000,000 (excluding value-added tax), and the Plaintiff shall refund to the Defendant KRW 22,00,000,000 after receiving the second intermediate payment, and KRW 22,00,000,000 after receiving the second intermediate payment, and KRW 23,00,000 after receiving the third intermediate payment, respectively.”
2.3.