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1. The Defendant’s KRW 835,483,80 for the Plaintiff and 6% per annum from July 6, 2016 to August 24, 2017.
Reasons
Basic Facts
On June 20, 2014, the Defendant entered into a contract under which the construction of D Housing (hereinafter “instant building”) is to be awarded to the Nam-gu, Incheon, Nam-gu, and C (hereinafter “Nonindicted Company”) for the construction of D Housing (hereinafter “instant building”) at the contract price of KRW 970,157,350 (hereinafter “instant contract”).
At the time of entering into the instant contract, the Defendant and the Nonparty Company agreed to determine the contract amount as the construction amount based on the final final design drawings (Article 1(1) of the Special Agreement on Contracts No. 5-3), but the contract amount prior to the conclusion of drawings was to be the comprehensive temporary contract amount (Article 1(2) of the Special Agreement on Contracts No. 1,000,000) based on the average unit price specified in the agreement (Article 1(2) of the Special Agreement).
The instant building was designed as one room per household at the time of July 7, 2014, which was the date of the building permit, and thereafter, the design of the instant building was modified by the Defendant as a three-party structure per household.
Accordingly, the non-party company did so inception room partitions construction, wall construction, ceiling distribution construction, electrical construction, etc.
Meanwhile, from June 3, 2014 to July 25, 2014, the Plaintiff loaned KRW 65 million in total to E, who is delegated by the Defendant the right to use the site of the instant building and all rights to select and implement the construction work.
On March 30, 2016, the Plaintiff, Nonparty Company, and the Defendant agreed to settle the construction cost of KRW 845,40,000 (i.e., construction cost and loan amount of KRW 1,10,600,000) as follows (hereinafter “instant settlement agreement”).
-construction cost and loan funds: 1) Construction cost and loan funds: 1,025,600,000 won for the owner: 65,000 won for the additional construction cost and light cost: 3) Additional construction cost and light construction cost: 20,000 won for partial distribution and partial electrical construction: 1,110,600,000 won for the portion: 4) the portion of the owner's implementation / 1,500,000 won for the portion of the building: 33,50,000 won for the owner's execution / 50,000 won for the portion of the building and base payment.