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1. As to the Plaintiff’s KRW 201,40,000 and KRW 80,000 among them, the Defendant shall pay to the Plaintiff KRW 121,40,000 from January 1, 2017.
Reasons
1. Facts of recognition;
A. On May 18, 2015, the Plaintiff entered into a contract between the Defendant and the Defendant for the construction work of KRW 300,000,000 (excluding value-added tax) and the construction period from May 18, 2015 to July 31, 2015 (hereinafter “instant contract”).
Specifically, the Defendant delegated the conclusion of the above contract and the overall affairs related thereto to G, who is the husband, thereby entering into the said contract on behalf of the Defendant, and dealt with the relevant affairs.
Under the above contract, the Defendant paid the remainder of KRW 200,000,000,000 for the construction work after the completion of the underground work.
B. In addition to construction under the instant contract, the Plaintiff also carried out additional construction works, such as additional stairs construction for 106 units of F building and installation works for F building 105 units at the Defendant’s request.
C. The Plaintiff completed a substantial portion of the construction work under the instant contract, and the Defendant paid only KRW 210,00,000 among the construction costs stipulated in the instant contract. On October 7, 2016, the Plaintiff seized the remainder construction cost of KRW 90,000,000 under the instant contract, KRW 41,40,000, F building 106, and KRW 60,000,000, and KRW 10,000,000, and KRW 10,000,000, which were not repaid to the Defendant prior to the conclusion of the said contract, on a claim basis, for the total construction cost of KRW 201,40,000,000, and KRW 10,000,000, which was not repaid to the Defendant prior to the conclusion of the said contract.
(In Incheon District Court Decision 2016Kahap221). D.
The amount of KRW 80,00,000 out of the claim amount of the above provisional seizure 201,40,000,000 shall be paid as of October 19, 2016, and the remaining KRW 121,40,000 shall be paid as of October 19, 2016 on the condition that the provisional seizure is cancelled.