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1. The Defendant’s KRW 21,233,615 as well as 5% per annum from September 25, 2014 to October 12, 2016 to the Plaintiff.
Reasons
1. Presumption that a dispute has occurred;
A. A. Around April 2012, the Plaintiff contracted with the Defendant for a new construction of a new construction of a ground agricultural product storage warehouse in Yong-Namnam-gun, Yongnam-gun, and thus the Plaintiff started construction from May 2, 2012 to September 9, 2012.
B. The Plaintiff received KRW 248,00,000 from May 7, 2012 to July 16, 2012 as the construction price from the Defendant.
C. On October 9, 2012, approval for use was granted for the said new building.
2. Construction cost;
A. There is no express contract between the parties as to the contract for the construction cost.
The plaintiff and the defendant have the same quotation (Evidence A 2 and A 1), but they do not claim the construction cost based on the quotation (the plaintiff claimed the construction cost based on the appraisal result after adding the additional basic construction cost, the additional excellent line home system construction, the incidental package construction cost, the design cost payment, etc. to the price according to the quotation, but claims the estimated construction cost according to the appraisal result while modifying the purport of the claim). The defendant did not make a consistent assertion about the validity of the quotation.
The Defendant asserts that KRW 147,650,00, which is the amount calculated through a written estimate according to the agreement between the original and the Defendant, is the construction cost (the preparatory document dated September 21, 2015), and that the said written estimate was unilaterally prepared by the Plaintiff and agreed to perform the construction work based on the design drawing (the legal brief dated May 9, 2016). There is no other evidence suggesting that the said written estimate was set differently, and there is no other evidence suggesting that the said amount was set as the construction cost, and according to the purport of the entire pleadings, it would be deemed that the construction work was carried out without any express contract for the construction cost and that the said amount was paid appropriately. Accordingly, the Defendant agreed to pay the Plaintiff the construction cost corresponding to the details of the construction project.
(b) recognised construction cost: 31,284,253 (1) the cost of retaining wall construction (with no dispute): 78,120,000 won (2); and