공사대금
1. The Defendant shall pay to the Plaintiff KRW 417,106,428 and the interest rate of KRW 15% per annum from May 15, 2018 to the date of full payment.
1. Basic facts
A. On February 21, 2017, the Plaintiff (contractor) entered into a contract for construction works between the Plaintiff and the Defendant with the Defendant (contractor) on the determination of construction cost as KRW 1,914,00,000 (including value-added tax; hereinafter “value-added tax”) with respect to “construction works for facilities A and B BL (BL)” (hereinafter “instant construction works”) in Gyeonggi-do (hereinafter “instant construction works”). The contract for construction works (hereinafter “the instant construction contract”).
(A) Evidence No. 1, B No. 1.b.
On July 20, 2017, the Plaintiff filed the instant lawsuit claiming the Defendant to pay the construction cost under the instant construction contract.
C. On October 12, 2017, the Plaintiff agreed to reduce the construction cost of the instant construction from KRW 1,369,500,000 to KRW 544,50,000, between the Plaintiff and the Defendant.
(hereinafter referred to as the “Settlement Agreement in this case”). The reduced amount of KRW 544,50,00 (hereinafter referred to as the “Adjustment Agreement in this case”). ① The reduced amount of KRW 66,00,000, ② the amount of KRW 99,638,00,00 under the Separation Agreement in ducing Public Trial, ③ the amount of direct non-deductible amount of KRW 378,862,00, but the reduced amount of KRW 9,638,00 among the following amounts:
D. As described in paragraph (1), the non-party C (D) was reduced to pay the Plaintiff KRW 99,638,00 on behalf of the non-party C (D). If the non-party C (DD) did not pay the above amount to the Plaintiff, the Defendant paid the remainder to the Plaintiff.
(A) Evidence No. 15, B No. 2)
(1) On October 12, 2017, the Plaintiff agreed with Nonparty C (D Company) to pay KRW 9,638,000 to the Plaintiff for the payment of the construction cost between the Plaintiff and Nonparty C (D Company) and the Plaintiff for the payment of KRW 99,638,00 to the Plaintiff.
(A) (Evidence 15) (2) Nonparty C (D) shall be the construction cost as described in paragraph (1) to the Plaintiff on May 24, 2017.