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1. The defendant shall pay 26,200,000 won to the plaintiff and 20% per annum from November 5, 2013 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On April 1, 2013, the Defendant requested the Plaintiff to perform the interior works of a child-care center located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant interior works”), and began construction after the Plaintiff stated that the construction cost would be KRW 100 million.
B. Around May 3, 2013, the Plaintiff, while performing the instant interior works, delivered a written estimate of the construction cost as modified to the Defendant on the main date. The construction cost stated in the said written estimate was KRW 99,19,680, and was at the time when the construction was completed, around May 16, 2013, the Plaintiff sent a written estimate of KRW 95,608,780, excluding part of the expenses for children’s safety goods, etc. from the above amount, and finally delivered a written estimate of KRW 96,412,780, 2013, including the cost for installation of doors during the toilet transformation work and the cost for installation of dial works.
C. On April 18, 2013, the Defendant paid the Plaintiff a total of KRW 70 million on May 8, 2013, KRW 10 million, and KRW 30 million on May 16, 2013.
Meanwhile, as a result of the appraiser D’s appraisal, the Plaintiff’s removal of the interior works of the instant interior works, the expenses for the removal of toilets, toilets, straws, windows, glasss/ glasss, woodens, metal, electricity, and facilities are equivalent to KRW 147,572,212 as of May 2013.
[Ground of recognition] Each description and image of Gap evidence Nos. 1 through 10 (including branch numbers), appraiser D's appraisal result, the purport of the whole pleadings
2. According to the above facts of determination, the Plaintiff and the Defendant finally settled the construction cost in the amount of KRW 100 million, on the grounds that the Plaintiff and the Defendant determined that the instant interior works are KRW 100 million, and that the Plaintiff completed the construction work, and that the settlement amount of KRW 96,412,780 presented by the Plaintiff on June 20, 2013 can be acknowledged as having been within the reasonable amount of the construction cost of the instant interior works.
Therefore, the defendant is out of 26,412,780 won which is payable to the plaintiff (=96,412,780 won - 70,000 won).