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1. The Defendant’s KRW 178,462,817 as well as 5% per annum from May 4, 2019 to May 27, 2020 to the Plaintiff.
Reasons
1. Basic facts
A. 1) The Defendant entered into a subcontract on September 23, 2016, respectively. C Co., Ltd. (hereinafter “Nonindicted Company”)
2) Of the construction works of reinforced concrete (hereinafter “instant construction works”) among the new construction works of land parcels outside Busan Dong-gu and two parcels, Busan Dong-gu and Busan Dong-gu.
(i) the contract amount of KRW 4,150,000 (excluding value-added tax, and without any separate indication; hereinafter the same shall apply) with respect to the contract amount;
(2) On September 20, 2017, the Defendant concluded a subcontract by setting the contract amount of KRW 6,00,000,000 and the construction period from September 20, 2017 to February 31, 2018, with respect to reinforced concrete construction among the non-party company and Busan-dong F new construction works (hereinafter “instant secondary construction works”).
A statement attached to the above contract shall state the labor cost under Article 84 of the Enforcement Decree of the Framework Act on the Construction Industry as KRW 2,873,773,825.
3) On May 25, 2018, the Defendant, among the non-party company and the construction works of reinforced concrete on the ground of four lots outside Busan-dong G, Busan-gu, and four lots of land H, (hereinafter “instant third construction works”).
(B) As to the contract amount, the subcontract was concluded by setting the contract amount of KRW 3,400,000, and the construction period from May 25, 2018 to April 31, 2019. The cost account statement attached to the above contract is indicated as KRW 1,885,383,097 under Article 84 of the Enforcement Decree of the Framework Act on the Construction Industry. (b) The progress of each of the instant construction works and the payment of the construction cost are as follows: (a) the non-party company claimed payment for the payment for the portion of each of the instant construction works to the Defendant at the end of each month; and (b) the Defendant paid the payment for the completed portion to the non-party company after adjusting the construction cost after verifying
2) Around July 2, 2018, the non-party company completed the instant construction work, and the Defendant paid all the construction cost to the non-party company at that time. 3) The Defendant paid to the non-party company KRW 4,500,978,491 as the progress payment for the instant second construction work until August 31, 2018, whichever is relevant.