beta
Text
1. The Defendant’s KRW 30,662,818 as well as 6% per annum from June 19, 2014 to November 9, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person engaged in the business of maintaining and managing facilities in the trade name of “D”.
B. On December 11, 2012, the Plaintiff entered into a construction contract with the Defendant for the construction work of KRW 586,300,000 for the total construction cost (hereinafter “instant contract”). At the time of the contract, the Plaintiff was paid the down payment of KRW 5,863,00,000 for the construction work of the Suwon E-based infrastructure (No. 1, 2, and common zone) (hereinafter “instant contract”). The intermediate payment and the remainder were paid in cash within 60 days after the receipt of the actual site.
C. On July 31, 2013, the Plaintiff and the Defendant entered into a settlement agreement with respect to the construction work during the instant construction period from October 7, 2011 to December 31, 2013 as specified in attached Table 1, and the Plaintiff confirmed that the total amount of the input cost was paid by the Defendant. Accordingly, on August 6, 2013, the Defendant paid KRW 29 million to the Plaintiff and paid KRW 2.9 million to the Plaintiff on October 29, 2013.
Table 1 attached Table 1, Zone 140, 921, 944 74,060, 400, 92, 153, 384 - 18,092, and 43,46,200, 460, 131,269, 200-20, separate Suwon Joint Zone 161,805, and 200-20 of separate Suwon Common Area - Additional Tax Settlement Amount 29,038,821, 821, separate from Additional Tax Settlement Amount, separate from Additional Tax Settlement Amount
D. The Plaintiff actually performed the construction at the construction site above until December 10, 2013, and the joint area was not constructed by agreement on both sides.
E. Around January 28, 2014, the Defendant sent to the Plaintiff a settlement agreement in which the amount of KRW 25,650,570 is calculated to exceed KRW 25,650,570, and the Plaintiff did not recognize it. In other words, the Defendant again affixed a settlement agreement on April 14, 2014 with respect to construction works (construction) from August 1, 2013 to December 31, 2013 as indicated below, with the payment of KRW 23,784,380 as indicated in the following Table 2, and then delivered to the Plaintiff. However, the Plaintiff is obligated to pay the said settlement agreement.