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1. The Defendant shall pay to the Plaintiff KRW 153,618,517 and the interest rate of KRW 15% per annum from June 3, 2015 to the date of full payment.
Reasons
1. Basic facts
A. B Co., Ltd. (hereinafter “C”) awarded a contract for the Gangseo-gu Busan Metropolitan Government D New Construction (hereinafter “instant Construction”) to Gyeongdo General Construction Co., Ltd. (hereinafter “Gyeongdo General Construction”).
B. On March 31, 2014, the Plaintiff agreed to pay the adjusted amount of construction work by the Defendant after receiving a subcontract for the instant construction project from Gyeongdo Comprehensive Construction. However, the Plaintiff’s additional construction project was performed between the Defendant, a inside director of C, and the Defendant, who is in charge of the construction of Gyeongdo Comprehensive Construction and the design and supervision of the instant construction project.
C. After December 2014, the Plaintiff completed additional construction works, such as water pipes, as required by the Defendant, and around that time, confirmed the construction details from the Do Comprehensive Construction and E-Building Design Office.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including paper numbers; hereinafter the same shall apply), witness F and G testimony, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the additional construction cost and damages for delay to the plaintiff, except in extenuating circumstances.
Furthermore, according to the health team, the appraisal result of this court appraiser H, and the purport of the entire pleadings as to the additional construction amount, the Plaintiff can be acknowledged as having performed the additional construction work equivalent to KRW 153,618,517 at the Defendant’s request for the additional construction work.
B. As to the Defendant’s assertion, the Defendant asserts that, in order for the Defendant to claim the payment of the additional construction cost, the construction cost and the volume must be settled between C in addition to the comprehensive construction cost and the confirmation of the E-Building Design Office.
According to the statement in Gap evidence No. 1, it is recognized that the plaintiff stated that the construction amount and quantity are settled by Eul.
However, the testimony of witness G; and