공사대금
1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 132,883,520 and the interest rate of KRW 15% per annum from April 21, 2018 to the date of full payment.
1. Basic facts
A. On October 21, 2016, Defendant D, as the owner of the building, ordered Defendant B Co., Ltd. (hereinafter “Defendant Company”) to undertake the remodeling construction of the Gangwon-do Epande (hereinafter “instant building”).
B. On December 3, 2016, Defendant Company subcontracted the instant construction work (hereinafter “instant construction work”) to the Plaintiff at KRW 143,00,000 (value-added tax separate) and concluded a construction contract by stipulating that the down payment of the said construction work shall be KRW 28,60,000 (value-added tax); the remainder payment shall be paid after completion, and the remainder payment shall be paid after completion, and the construction contract was concluded by entering into a contract with the owner of the building. Defendant D entered “E owner D” as “E owner D” under the construction contract and the contractor’s entry, and affixed his seal thereon.
C. On December 6, 2016, Defendant D drafted an agreement on parcelling-out with the purport that “this Agreement shall become null and void at the time of the full payment of the construction cost” to the Plaintiff.
The Plaintiff completed all of the instant construction works, and added some of the construction drawings, and the total construction cost increased to KRW 150,403,200 (excluding value-added tax).
E. The Plaintiff received KRW 28,60,000,000 as the instant construction cost on December 27, 2016, and KRW 1,000,000 on February 14, 2018.
[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, each entry in Gap evidence 1 to 4 (including a tentative number, if any) and the purport of the whole pleadings
2. Determination of the claim against the defendant company
A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant Company shall file a lawsuit with the Plaintiff regarding the promotion of the lawsuit from April 21, 2018 to the date following the delivery of a copy of the complaint of this case (i.e., increased construction cost of KRW 150,40,403,200 (i.e., increased construction cost of KRW 150,60,000 - Value-Added Tax of KRW 12,080,320).