공사대금
1. The Defendant: (a) KRW 5,1270,000 and the Plaintiff’s annual rate from March 22, 2019 to March 10, 2020; and (b) March 11, 2020.
1. On October 13, 2016, the Defendant entered into a subcontract agreement which provides the Plaintiff with the supply price of the electrical construction in KRW 28.6 million and value-added tax 2.860,00,000 among the supply price of the electrical construction, after receiving a supply price for the new construction of the D Building E from Changwon-si.
After receiving from F a supply of H company extension work at the window G located at Changwon-si, the Defendant drafted a subcontract agreement from F to the Plaintiff on April 24, 2017, which provides that the supply price of the electrical construction shall be KRW 35 million and value-added tax shall be KRW 3.5 million.
The plaintiff completed all the above electrical construction.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The assertion and judgment
A. 1) The Plaintiff asserts that the Defendant filed a claim against the Defendant to the effect that the construction cost of the Category D Building E is KRW 28.6 million for the electrical construction of the building, and HA’s electrical construction is paid KRW 39.5 million for the construction cost and completed all of the construction work, and that the Plaintiff filed a claim for the payment of the total amount of KRW 67.65 million and damages for delay for the following purport.
① The subcontract for each of the above electrical construction was concluded by means of a rough contract to determine the price by settling the contract price in outline and then settling the actual cost (precluding the Plaintiff and the Defendant to the effect that there was such oral agreement between the Plaintiff and the Defendant), and accordingly, the subcontract price determined by settling the actual cost is KRW 10 million and KRW 5860,000,000 for the electrical construction of D building E and H.
② The Plaintiff paid KRW 10,000,000 as a check for the electrical construction price for D building E, and paid KRW 5,860,000 as the price for H company’s electrical construction.
B. The construction contract for the determination of the cause of the claim is to determine the construction cost by settling the method of the fixed-amount contract, the maximum amount or the fixed-amount of the construction cost, or the fixed-amount of the construction cost, and then settling the construction cost later, without settling the construction cost at all.