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1. The Defendant’s KRW 69,145,00 for the Plaintiff and 5% per annum from June 13, 2015 to September 29, 2016.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant entered into three subcontracting agreements (hereinafter “each of the instant subcontracting agreements”) with respect to phase B construction works performed by the Defendant, as follows:
(1) The name of a construction project: The date of the contract for the installation of the FRP guide: the construction period of KRW 385,000,000 (including value-added tax): From November 10, 2014 to April 30, 2015: The date of the contract for electrical construction: The construction period of KRW 15,000 (including value-added tax) on December 19, 2014: the date of the contract for the installation of equipment: (3) The construction period of KRW 15,000 (including value-added tax) from December 23, 2014 to April 15, 2015: the date of the contract for the installation of equipment: the construction period of KRW 10,000,000 (including value-added tax) on February 2, 2015: the construction period of KRW 110,000: from February 5, 2015 to April 15, 2015>
B. By June 12, 2015, the Plaintiff completed all construction works under each of the instant subcontract, and the Defendant paid KRW 546,500,000 as the construction price by May 29, 2015.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including virtual number), the purport of the whole pleadings
2. Determination on the cause of the claim
A. (1) In the event that the Plaintiff’s obligation to pay the construction cost arises, the entry of imported equipment and materials necessary for the establishment of the organization, such as slots, is delayed, and the Plaintiff additionally disbursed equipment and personnel expenses equivalent to KRW 42,585,000, and the amount equivalent to KRW 5,500,000 was additionally executed. As such, the construction cost to be paid by the Defendant to the Plaintiff is KRW 698,085,00,000, including the above additional construction cost and remuneration construction cost under each of the instant subcontract agreements.
B) However, since the Defendant paid only KRW 546,50,000 as the construction cost, it is obligated to pay KRW 151,585,000 for the remainder of the construction cost. 2) First, as to whether the additional construction cost equivalent to KRW 42,585,00 has occurred, the Plaintiff is obligated to pay KRW 151,58,00 for the reasons as alleged by the Plaintiff.