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1. The Defendant’s KRW 59,765,00 for the Plaintiff and the following: 5% per annum from December 29, 2017 to September 19, 2018.
Reasons
1. Basic facts
A. The Defendant was engaged in the construction of the new building of the Gyeong-gun, Sung-gun (hereinafter “instant new construction”). However, the part of the instant new construction works among the instant new construction works (hereinafter “instant subcontracted construction”) was contracted to the Plaintiff.
B. On October 2016, the Plaintiff submitted the first statement to D, the Director of the New Construction Site in this case, stating the construction list and the supply value (total of KRW 188,165,00) to D, and completed the subcontracted project in this case according to the said statement. Upon D’s request for additional construction, the Plaintiff submitted the second statement to D, stating the list of additional construction works and the supply value (total of KRW 9.720,00), and completed the additional construction work in accordance with the said statement.
C. The Plaintiff paid KRW 75 million to the Defendant as the construction cost of the instant subcontract and provided C building 601.
C Building 601 normally has a value equivalent to KRW 75 million, but the floor of the dwelling room of the C building 601, which the Plaintiff received from the Defendant, is not the floor but the building is constructed by proxy, and the above 601 dwelling room is required to be built as the floor.
On the other hand, the Plaintiff directly built the C building 601 dwelling space, which was directly used for his own expenses.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1, 3-1, Gap evidence 2, the purport of the whole pleadings
2. Determination on the cause of the claim
A. 1) In addition to the circumstances that the above basic facts are deemed to have not raised any special objection to the Plaintiff’s performance of subcontracted projects according to the first and second specifications of the Plaintiff’s submission, it is reasonable to view that the subcontract work price agreed between the Plaintiff and the Defendant is the aggregate of KRW 197,885,000 as stated in the first and second specifications (i.e., the first specifications KRW 188,165,000).