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1. The Defendant’s KRW 47,473,114 as well as 6% per annum from September 2, 2016 to June 2, 2017 to the Plaintiff.
Reasons
1. On January 3, 2014, the Plaintiff asserted that the construction work for the double-water pumps (four branches) was contracted by the Defendant and completed the construction work at KRW 81,987,00,00. Therefore, the Defendant is obliged to pay KRW 81,987,00 and damages for delay.
2. Determination on the cause of the claim
A. The defendant is found to have established four underwater pumps (four points) among B construction works ordered by C (hereinafter "the instant construction works").
(A) On January 3, 2014, the Plaintiff and the Plaintiff made a contract for construction work that is to be received as C, providing that “A (the Defendant’s title) shall pay to B (the Plaintiff refers to the Plaintiff) the next day after deducting 5% of the amount received from the ordering place after deducting 5% of the amount received from the ordering place.” The Plaintiff’s payment of KRW 81,987,000 (value-added tax separate) is set aside.
The sum below is an amount excluded from value added tax.
(2) Around February 2014, when the instant construction project was performed, the construction project was changed to the effect that the height of underwater pumps structures would be higher than the initial one. However, the Plaintiff, the Defendant, and the ordering person did not specify the increased amount.
3) After completion of the instant construction work, the Defendant settled the construction cost of C and the instant construction cost of KRW 134,491,140. Meanwhile, the Defendant paid KRW 80,293,469 to the Plaintiff’s side in relation to the instant construction work.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 6 (including branch numbers in case of additional evidence), the purport of the whole pleadings
B. The Defendant settled the instant construction cost with C as KRW 134,491,140, and the Defendant’s amount to be paid to the Plaintiff is KRW 127,766,583 (i.e., KRW 134,491,140 x 95%). Accordingly, the Defendant’s reply to April 28, 2017, stating that the Defendant’s amount to be paid to the Plaintiff is KRW 47,473,114 (i.e., the amount to be paid to the Plaintiff) is KRW 47,473,114, and the Plaintiff’s reply to the Plaintiff on May 18, 2017.