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1. The defendant shall pay 135,850,000 won to the plaintiff and 15% per annum from September 21, 2018 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Defendant entered into a contract with the Plaintiff on March 23, 2018 to “construction site of the C apartment reconstruction site” (hereinafter “instant construction”). As to the rental fee of another workshop incurred between the previous contractor (stock company E), the Defendant entered into a contract with the Plaintiff on March 23, 2018 to “use period: from April 30, 2015 to March 25, 2018; the amount used: 104,50,000 won (including additional taxes): 30% within 25 days from the date of the contract; 30% from the end of each month; 40% from the end of each month; hereinafter “instant underwriting contract”); from March 26, 2018 to December 20, 2018; and from March 26, 2018 to December 25, 2000; and from March 26, 2018; and from May 20, 2015.”
(hereinafter “instant lease agreement”). B.
After the conclusion of each of the above contracts, the defendant put the above other workshop into the construction site or waiting for inserting it into the construction site from July 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings
2. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff KRW 104,50,000, which is the amount agreed upon in connection with the instant underwriting contract, and KRW 31,350,000, which is the amount equivalent to the portion of the Plaintiff’s three-month portion among the amount used as a workshop from March 2018 to July 2018 under the instant lease agreement (i.e., KRW 9,50,000 x three months x value-added tax x 110%).
3. Judgment on the defendant's assertion
A. The summary of the Defendant’s assertion (1) The Defendant related to the instant underwriting contract is the C Apartment Housing Housing Housing Housing Housing Association, the executor company, and the said Association shall proceed with the normal construction and pay the construction cost.