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1. The Defendant’s KRW 85,00,000 as well as 5% per annum from March 21, 2017 to June 29, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 2016, the Plaintiff of the First Corporation completed the construction work by entering into a subcontract with the Defendant for KRW 242,00,000 (including value-added tax) among the new construction works of the New Diplomatic Association (No. 1) and received KRW 232,00,000 as the construction cost.
B. On October 12, 2016, the Plaintiff was awarded a subcontract with the Defendant for the construction cost of KRW 110,000,000 for the construction cost, the construction period from October 13, 2016 to November 10, 2016, and the contract price of KRW 3,100 per day immediately after delay in the rate of liquidated damages. 2) During the period of December 2016 when the construction was in progress, the Plaintiff received a subcontract from the Defendant from the Defendant’s general supervisor at the Defendant’s construction division at KRW 110,00,00 for the construction cost of the building for the building for the building for the building for the Nam-gu Incheon Metropolitan City’s neighborhood living facilities, and the Plaintiff was awarded a subcontract with the said construction cost of KRW 3,100 for the additional construction work at KRW 30,00 for the construction cost of KRW 30,00,00 for the additional construction work at KRW 30,000.
3) The Defendant paid KRW 37,400,00 to the Plaintiff as the price for the second construction work. [The fact that no dispute over the grounds for recognition exists, Gap’s evidence Nos. 3 through 9, 12, witness D’s testimony, and the purport of the whole pleadings
2. Assertion and determination
A. According to the above facts, barring any special circumstance, the Defendant: (a) the sum of KRW 10,000,000 not paid for the construction work of the first Corporation; and KRW 75,00,000 unpaid construction work of the second Corporation (= KRW 110,00,000; KRW 8,383,000; KRW 37,400,000 paid construction work; (b) the Plaintiff as a person entitled to the Plaintiff’s deduction from the construction work; and (c) the Plaintiff’s reimbursement of KRW 5,921,00,000 as sought by the Plaintiff; and (d) the Plaintiff’s reimbursement of KRW 85,00,000, as the Plaintiff seeks, from March 21, 2017 to June 29, 2017; and (e) the amount from the day after the Civil Act was served on the Defendant with a duplicate of the complaint of this case from June 29, 2017.