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1. Defendant A’s KRW 10,000,000 as well as the Plaintiff’s annual rate of KRW 5% from November 14, 2014 to April 27, 2016, and April 2016.
Reasons
1. Basic facts
A. The Plaintiff (hereinafter “Plaintiff Company”) is a juristic person established for the purpose of land development business and civil engineering work, etc.
B. On February 22, 2013, Defendant A entered into a construction contract with the Plaintiff Company on the construction project that creates a site for electric power supply (hereinafter “instant primary construction contract”) at the Jincheon-gun, Jincheon-gun, Chungcheongnam-gun (D, approximately 2,818 square meters; hereinafter “instant primary site”).
C. Around May 2013, Defendant A entered into a construction contract with the Plaintiff Company to contract the construction work to create a site for electric power resource (hereinafter “instant secondary construction contract”) on the land adjacent to the instant primary site (hereinafter “instant secondary site”).
[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, and the purport of whole pleading
2. The assertion and judgment
A. As to the Plaintiff Company’s claim against Defendant A, the Plaintiff Company performed the remainder of the construction work (an amount equivalent to KRW 118,000,000,000,000) excluding road packing work and installing excellent pipes (the construction cost of KRW 32,00,000) among the instant construction contract. Defendant A demanded additional construction work (the construction cost of KRW 78,960,000) from Defendant A, and paid KRW 118,00,000 as the construction cost under the initial construction contract, and KRW 70,00,00 as the construction price for the said additional construction work. As to the instant second site, the Plaintiff Company agreed to settle and pay the construction price from the Defendants later, the Plaintiff Company performed the construction work price of the said site (the construction cost of KRW 206,940,000,000,000). After doing so, the Plaintiff Company paid KRW 281,281,000,00,000 for Nonparty 281.
Therefore, Defendant A is therefore the Plaintiff Company.