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1. The Defendant: (a) KRW 23,821,601 as well as the Plaintiff’s KRW 5% per annum from May 7, 2015 to September 18, 2015; and (b) September 19, 2015.
Reasons
1. Facts of recognition;
A. On February 28, 2014, the Plaintiff (i.e., a personal entrepreneur: B) entered into a subcontract with the Defendant on the following: (a) new construction works contracted by the Defendant from Do construction; (b) DNA construction works contracted from Hodo construction; (c) earth construction works and household installation works among E contracted from Don construction; and (d) leasing H new construction works contracted from F (G); and (b) completed the said subcontract on April 30, 2014.
B. The Plaintiff incurred KRW 56,421,601 in relation to the above subcontracted construction site, KRW 73,698,510 in relation to the housing construction site, KRW 82,500 in relation to the housing construction site, and KRW 15,400 in relation to the housing construction site, and KRW 15,00 in relation to the housing construction site. The Plaintiff received part of the subcontract price from the Defendant on several occasions from March 26, 2014.
C. The Plaintiff did not receive KRW 51,821,601 in total, including 36,421,601, and 15,821,600,000 in total, for March of the field of anti-do construction by the Defendant. On January 19, 2015, the Plaintiff prepared and delivered “written consent to the Defendant’s direct payment of KRW 28,045,60 in the construction cost to be paid by the Plaintiff to I (J) who is the Plaintiff’s subcontractor.” Based on the above written consent to the payment of KRW 28,00,000 in total, the Defendant paid KRW 28,00,000 to I.
The Plaintiff received KRW 38,400,000,000, which was not paid, among the construction cost as to a lot construction site, directly from the lot construction on January 9, 2015.
[Ground of Recognition: Facts without dispute, Gap evidence 1 through 4, Eul evidence 2, and Eul evidence 4 through 6 (including each serial number), the purport of the whole pleadings]
2. According to the above facts of determination as to the cause of the claim, the defendant shall not be paid to the plaintiff as to anti-do construction and the F site, except in extenuating circumstances.