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1. The Defendant’s KRW 18,527,566 as well as the Plaintiff’s annual rate of 6% from October 26, 2018 to November 9, 2018, and the following.
Reasons
1. Basic facts
A. On October 26, 2015, the Plaintiff engaged in construction business under the trade name of “C” entered into a contract with the Defendant and the contractor (hereinafter “B”) for each of the following items (hereinafter “instant contract”) with respect to the construction of the instant construction of sub-projected D and E-Ground D (hereinafter “instant construction”) with the Defendant and the contractor (hereinafter “C”).
The terms and conditions of the instant contract include the following:
2.The contract amount of the Project shall be 1,700,000,000 won and shall include incidental expenses.
3. The payment and time of the construction price shall be 130,000,000 won of the down payment in October 27, 2015, and “A” and “B” agree that the construction price shall be paid at the rate of the progress of the construction project by mutual consultation with each other.
4. The construction cost shall be calculated by re-calculated the average number after the completion of the design document.
5.The cost of authorization and permission, design cost, taxes and registration cost, defect bond money, preservation registration cost, measurement cost, bank loan consulting cost, other than this construction, shall be borne by “A”.
6. The scope of the construction work of “B” in this construction work shall be determined by drawing proposal and at the request of “A”, “B” shall be calculated and notified to “A” before the construction work, and shall be constructed after obtaining the approval of “A”, and the additional construction cost shall be settled later.
B. On October 27, 2015, the Defendant paid KRW 100,000,000 to the Plaintiff’s side. The Plaintiff prepared and issued a receipt (No. 1,30,000,000 for the instant construction contract deposit; hereinafter “instant receipt”) to the Defendant.
C. Around February 26, 2016, F, as the Plaintiff’s spouse, is practically managing the “C” and is granted the comprehensive power of representation for the instant construction work by the Plaintiff, F, who intends to give the Defendant a subcontract for the structural construction of the instant construction work to Nonparty G at KRW 581,250,000 for the price.