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1. The Defendant: (a) against the Plaintiff Company A, KRW 47,171,380, and KRW 37,000,000, and each of the above amounts, respectively.
Reasons
1. Determination as to the Plaintiff A’s claim
A. (1) The Defendant, as the owner of Dongjak-gu Seoul Metropolitan Government D and E, delegated to F the removal of the existing building on the ground of the above land (hereinafter “the instant existing building”) and the new construction of the new building.
(2) On November 15, 201, Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) was contracted by F, the Defendant’s agent, with the payment of KRW 31.5 million (including value-added tax), the construction period within 14 days, and the payment of KRW 1.5 million per day of delay to the Defendant.
(3) The Plaintiff A completed the removal work of this case around December 201.
(4) Meanwhile, after the completion of the removal work in this case, the Plaintiff A was entrusted with the installation work of the fence at KRW 15,314,200 for the development of the Asia Industry. The development of the Asia Industry Co., Ltd. completed the installation work of the fence around January 2012.
(5) The Plaintiff A paid the electricity fee of KRW 671,380 to the lessee of the existing building of this case for the removal construction of this case.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3, 4 (including attachment of provisional number), Eul evidence 9, the purport of the whole pleadings
B. The main point of the Plaintiff’s assertion (1) is that the Defendant is obligated to pay the Plaintiff KRW 31.5 million for the removal of the instant case, KRW 15 million for the removal of the wall, KRW 671,380 for the removal of the instant case, KRW 671,380 for the installation of the fence, and KRW 47,171,380 for the aggregate.
(2) The summary of the Defendant’s assertion (A) KRW 30 million out of KRW 31,500,000,000 for the cost of the removal work, at the Plaintiff’s request, deposited into the account of Tae L&C Co., Ltd. (hereinafter “T&C”), and the Defendant is obliged to pay the Plaintiff KRW 1.5 million for the cost of the removal work.
(B) No contract for the installation of fences between the Plaintiff A and the Defendant was concluded, and the Defendant constructed a new building on the instant land.