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1. The Defendant shall pay the Plaintiff KRW 200,000,000 and the interest rate of KRW 15% per annum from March 4, 2017 to the date of complete payment.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff was awarded a contract with the Defendant for a new construction of a high-tech greenhouse with the aim of developing metal structures. 2) The Defendant awarded a contract for a new construction of a high-tech greenhouse with the aim of growing crops, etc., and the Plaintiff awarded a contract for a new construction of a high-tech greenhouse with the aim of growing crops.
B. On April 23, 2015, D group concluded a construction contract with the Defendant on April 23, 2015, setting the contract amount of KRW 6.285 billion (including value-added tax) with respect to the construction work that newly constructs high-tech greenhouse on the two parcels, including the Defendant and the former E, on March 9, 2016 (hereinafter “instant construction work”), and entered into a construction contract with the Defendant for the construction work that is contracted from March 14, 2016 to August 31, 2016, as the contract amount of KRW 6.285 billion (including value-added tax) with respect to the construction work that constructs high-tech greenhouse on the three parcels, and the construction work in this case was carried out in accordance with the said contract.
C. The Plaintiff Company F Co., Ltd. (hereinafter “F”) claiming the first change of the design and the first progress payment for the instant construction
On April 1, 2016, G, an employee of the Plaintiff, sent an e-mail to the Plaintiff stating that “Any unnecessary part during the instant construction works shall be excluded, and the contract amount shall be changed from KRW 6.285 billion to KRW 4 billion.” The Plaintiff’s employee sent the e-mail stating that the contract amount pursuant to the construction works excluded from April 26, 2016 should be notified to the Defendant, and that the revised construction cost statement was sent on May 3, 2016.2) On May 30, 2016, the Defendant submitted the document that the contract amount was changed from KRW 6.285 million to KRW 6.285 million to KRW 5 million to the D group, and that D group approved the above design change.
3) The Plaintiff received 1,865,561,00 won from the Defendant at KRW 3,065,565,561,00 (3,065,561,000) as the first progress payment (67.2% per annum) among the contract amount of KRW 4,565,069,00 from the Defendant around September 2016.