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1. The Defendant’s KRW 20,463,90 for the Plaintiff and KRW 5% per annum from September 5, 2015 to March 3, 2016.
Reasons
1. The Plaintiff, around 2012, received a subcontract from the Defendant for the 330,000,000,000 construction cost of the stage lighting pipe distribution line work (hereinafter “instant construction work”). The Defendant paid the Plaintiff a total of KRW 299,843,100 to the said construction cost, as there is no dispute between the parties, and thus, the Defendant is liable to pay the remainder of the construction cost of KRW 30,156,90 to the Plaintiff (=30,000,000 - 299,843,100), and delay damages therefrom.
2. Judgment on the defendant's defense
A. As to the additional material cost portion, the Defendant concluded a contract with C&C Co., Ltd., the first contractor of the instant construction project (hereinafter “C&C”), and the Defendant entered into a contract with the Plaintiff in the internship method. The instant construction contract between the Defendant and the Plaintiff also entered into a contract between the Defendant and the Plaintiff in the internship method. The Defendant and C&C generated additional material cost (BEN CABLE) KRW 18,156,600 due to the change of location of the package board, and thus, it should be deducted from the said construction cost.
However, there is no evidence to prove that the instant construction contract was contracted by the internship method. However, even according to the Defendant’s assertion, the additional material cost is incurred due to the change of the location of the package, and cannot be deemed to have occurred due to the Plaintiff’s cause attributable to the Plaintiff. Therefore, the Plaintiff, which is only the subcontractor, cannot be deemed to bear the additional material cost, and there is no other evidence to acknowledge it, and the Defendant’s assertion
B. As to the portion related to D Company, the Defendant asserts that the amount should be deducted from the above construction cost, since the Defendant paid 7,527,300 won (i.e., the value of supply of KRW 6,843,000) to D Company, instead of the amount of KRW 684,30.
There is no dispute between the parties that the Defendant paid KRW 6,843,00 on behalf of the Plaintiff.