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1. The Defendant’s KRW 238,911,644 as well as the Plaintiff’s annual rate of KRW 6% from November 1, 2016 to October 30, 2019.
Reasons
1. Basic facts
A. The plaintiff is a person engaged in the construction business such as Changho, glass, and miscellaneous steel construction in the trade name of "C", and the defendant is a company engaged in civil engineering and construction business.
B. On July 20, 2016, the Plaintiff entered into a subcontract with the Defendant with the content that the Plaintiff was awarded a contract with the Defendant for the 334,000,000 won for the Changho Lake, glass, and Miscellaneous Construction among the “DD New Construction Works (Edong-Fdong)”
(hereinafter referred to as "the subcontract of this case". Details of the special agreement on the methods of payment and payment of the construction cost under the subcontract of this case are as follows:
1. The construction price shall be paid as a substitute and the balance shall be paid in cash;
2.The price of the substitute shall include the loan at a discount of 6.5 million won per square meter per square meter.
3. In principle, the amount of loans extended to the substitute until completion per household shall be about 100 million to 1.2 billion won.
4. Preparation and payment of a contract for the sale of the substitute for construction work after the commencement of the construction contract;
(F) After the contract, the contractor shall issue the account statement when paying the right of sale; 5. The number of houses for the choice of the substitute may be selected as one unit per floor except for four floors and one floor.
(F)A building with the fourth floor above the ground level)
6. In principle, remaining construction price remaining after the payment of the substitute shall be paid as completion loans;
C. On October 31, 2016, the Plaintiff completed construction works under the instant subcontract agreement.
Of the specifications of the instant subcontract, the Plaintiff did not execute SSD-1 5, 3 transport networks, 3 transport networks, and 4,575,000 won, 3,000,000 won, and 4,633,356 won, respectively.
E. Meanwhile, according to the agreement with the Plaintiff, the owner of the instant subcontract gave payment to the Plaintiff in lieu of KRW 74,880,000 as the construction cost of the instant case, and transferred KRW 8,000,000 on March 15, 2017 to the Plaintiff.
Grounds for recognition: Facts that there is no dispute, entries in Gap evidence 1 and 2, and all pleadings.