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1. The Defendant’s KRW 4,211,165 as well as 5% per annum from April 22, 2014 to July 7, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. On June 1, 2012, the Plaintiff entered into a contract with the Defendant for the supply of and demand for metal, windows, and glass construction (hereinafter “instant construction”) among the construction works for the secondary multi-use apartment construction works ordered by the Defendant (hereinafter “instant construction works”) with the construction cost of KRW 240 million (including value-added tax), 10% of the contract amount, and 3% of the contract amount for the warranty bond.
B. The Plaintiff notified the Defendant of the addition of the construction cost during the construction process, and the Defendant agreed to settle the construction cost after completion.
C. On December 2013, the Defendant obtained approval for completion of a building completed as a new construction project, and the Plaintiff submitted a statement of settlement of KRW 31,165,020 to the Defendant on January 17, 2014.
On September 13, 2013, the Plaintiff issued a tax invoice of KRW 249,030,000 for the instant construction cost, including value-added tax on December 13, 2013, and KRW 39,360,000 for KRW 162,39,98 and KRW 27,270,000 for the Defendant, and issued a tax invoice of KRW 249,030,00 for the Defendant. On January 17, 2014, the Plaintiff submitted a tax invoice of KRW 271,165,020 for the total construction cost including the additional construction cost (Evidence 2-1 of Evidence A), including the total construction cost of KRW 248,530,00 for each month.
E. The Defendant paid the Plaintiff KRW 20 million on September 16, 2013 as the instant construction cost, and paid the Plaintiff KRW 1,000,000 in lieu of KRW 1,38,000 on January 17, 2014, and paid KRW 208,00,000 on January 28, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1-2 through 8, 2-1, 2-2, Eul evidence 2-1, 2-3, and the purport of whole pleadings.
2. Determination
A. The Plaintiff’s assertion and determination 1 Plaintiff asserted that the Plaintiff and the Defendant agreed to the construction cost of KRW 249,030,000, including the additional construction cost portion, and that the remainder of the construction cost is KRW 41,030,000 among the construction cost.