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1. The Defendant’s KRW 86,616,462 as well as 5% per annum from July 5, 2014 to February 16, 2016 to the Plaintiff.
Reasons
1. Presumed factual basis
A. On July 20, 2012, the Plaintiff entered into a written estimate of KRW 172,50,000 for construction cost (excluding value-added tax) upon a contract for the instant construction work (hereinafter referred to as “instant construction”) from the Defendant on the ground clothing sales floor (including A1, A2, B1, B2, and C; hereinafter referred to as “instant building”).
(hereinafter referred to as “instant quotation”). B.
After the conclusion of the instant contract, the Plaintiff agreed with the Defendant to exclude the total amount of KRW 37,200,000 from the C Burial among the instant construction works.
C. Around March 2013, the Plaintiff agreed to perform additional construction works at the Defendant’s request, and written a written estimate of KRW 99,700,000 for the construction cost (excluding value-added tax) for the connected passage construction works, and written a written estimate of KRW 3,200,000 for the D store wall construction (excluding value-added tax), and a written estimate of KRW 2,920,000 for the warehouse construction (excluding value-added tax) for the warehouse construction.
(hereinafter referred to as “instant additional estimates”). D.
From September 2012, the Plaintiff commenced the instant construction from around September 2012, and completed all remaining parts, excluding part of the toilet construction, etc. among the construction works stated in the estimates and additional estimates.
[Ground of recognition] Unsatisfy, Gap 2-4 evidence, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) issued the instant estimates and additional estimates to the Defendant, and agreed with the Defendant to execute the instant construction work in accordance with each of the said estimates, and completed all of the instant construction work. Therefore, the total construction cost of the instant construction work is determined as KRW 241,120,00 (= KRW 172,50,000 - KRW 37,200,000) which is the amount stated in the instant estimates and additional estimates ( KRW 37,200,000) and damages for delay. The Plaintiff received KRW 137,60,000 from the Defendant. The Defendant is obligated to pay KRW 103,520,000 which is unpaid to the Plaintiff (= KRW 241,120,000 - KRW 137,60,600,000) and damages for delay.