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1. The Defendant’s KRW 150,123,826 as well as the Plaintiff’s annual rate from December 10, 2016 to May 31, 2018.
Reasons
1. Facts of recognition;
A. On June 8, 2015, Daecheon-si Co., Ltd. and the Defendant entered into a construction contract with the content that he/she: (a) performed the construction work and the installation work on the first floor and second floor of the building in Seocheon-si Co., Ltd. (hereinafter “instant construction work”); and (b) received construction cost of KRW 1,920,00,000 (additional tax separate); and (c) on December 8, 2015, the Defendant prepared and issued a written confirmation of completion of the construction work, “the construction work cost of KRW 1,920,000,000, and the installation work was completed” to Daecheon-gu Co., Ltd. from June 8, 2015 to November 30, 2015.
B. Daesung Co., Ltd. received a total of KRW 1,86,00,000 from the Defendant to September 12, 2016. On December 7, 2016, Daesung Co., Ltd.: (a) transferred the claim of KRW 184,00,000 (the amount of KRW 150,000,000,000,000,000, as stated in the evidence No. 150,000,000, as stated in the evidence No. 8, to the Plaintiff and the Defendant, and notified the Defendant of the transfer of the above claim on December 8, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 5, Gap evidence 6, Gap evidence 8, the purport of whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay 184,000,000 won and damages for delay taken over by the plaintiff, except in extenuating circumstances, to the plaintiff who received part of the claim for the construction payment of this case.
B. The Defendant’s assertion 1) The assertion that the construction cost of the instant case is KRW 1,500,000,000, and the Defendant’s assertion that the actual construction cost of the instant construction project is KRW 1,500,000 (in addition, only KRW 1,500,000) and the “construction contract” and “certificate of construction completion” are false in collusion with the Daedae-gu Co., Ltd.