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1. The Plaintiff’s KRW 41,11,134 as well as the Plaintiff’s annual rate of 6% from August 25, 2016 to December 14, 2016, and the following.
Reasons
1. Basic facts
A. On March 15, 2016, the Plaintiff was awarded a contract with the Defendant for construction work of wooden houses (hereinafter “instant housing”) at KRW 124,00,000 for the construction cost on the ground level C at Jung-Eup-si (hereinafter “instant housing”).
(hereinafter “instant contract”). (b)
Before entering into the instant contract, the Plaintiff, with respect to the payment method of the construction cost, received from the Defendant as advance payment method, and purchased materials, and divided the opinions to proceed with the construction of the instant housing. Based on the foregoing, on March 15, 2016, the Plaintiff drafted a draft of the construction contract with the Defendant and visited the Defendant to conclude the instant contract for the housing.
4. Period of construction: August 30, 2016 completion on March 20, 2016.
5. Contract amount: KRW 124,000,000 won per day ( KRW 124,000); and
6. Payment of the price;
(a)Advance payments and flag portion 1) 50 per cent payment within one day after the conclusion of the contract (2) payment by 10 per cent within one day after the completion of the 40 per cent payment after the completion of the window and roof;
B. Any construction work other than the design contents shall be executed after adjusting the unit price through mutual consultation. (c) The Plaintiff and the Defendant revised the draft construction contract of this case on March 15, 2016 as follows. (i)
4. Change from August 30, 2016 to June 30, 2016 to “ June 30, 2016” 2
6. Payment of the price.
(a)Advance payments and part 1) “50% payment” from “50% payment within one day after the conclusion of the contract” shall be deleted, and “30 million won” shall be added to the following 3):
6. Payment of the price.
(a) The portion “40% payment after the completion of windows and roof” in advance and in the part “2 shall remain as they are, and the portion “1. 70 million won on April 30, 2016” shall be added.
D. On March 15, 2016, the Plaintiff received KRW 30 million from the Defendant, and was not paid KRW 70 million on April 30, 2016, and the construction was suspended on June 20, 2016.
On the other hand, the defendant is the plaintiff.