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1. The Defendant’s KRW 33,977,930 as well as 6% per annum from December 4, 2015 to December 13, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. On May 6, 2015, the Plaintiff concluded a construction contract with the Defendant to newly construct a factory building located in the Defendant’s place of business (hereinafter “instant factory”). The main contents are as follows.
1. Contract for a construction project: Newly constructed Magtech;
2. Location of a building site: Five tools of the International Logistics City of Busan Metropolitan City, I 39-9.
3. Period for construction: Four months from the commencement date.
4. Contract amount: 2,156,00,000 won (value of KRW 1,960,000,000,000).
B. On July 30, 2015, the Plaintiff entered into an amendment agreement with the Defendant to add electricity and telecommunications construction works (hereinafter “instant construction contract”) and entered into between the Plaintiff and the Defendant on May 6, 2015 and July 30, 2015 (hereinafter “instant construction contract”). The amendment details are as follows.
The period of construction of KRW 1,960,000 (excluding value-added tax), 2,140,000,000 (excluding value-added tax) for the originally modified contract amount of KRW 1,960,000,000 (excluding value-added tax), including electric and telecommunication projects, as modified for six months from May 6, 2015 to May 6, 2015;
C. On July 1, 2015, the Plaintiff received payment of KRW 2,231,00,000 in total from the Defendant for construction work price, as well as KRW 754,000 on July 28, 2015, and KRW 2,231,00,000 in total.
The factory of this case was approved on November 18, 2015. D.
In the instant plant, there were parts of non-construction and modified construction, such as the list of “unconstruction and modified construction” as shown in the attached Table. The Plaintiff saved the construction cost of KRW 24,300,000 due to the aforementioned non-construction and modified construction.
[Reasons for Recognition] Unsatisfy Facts, Gap 1, 3-1, and 3-3, the appraisal results of the appraiser A of this court, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the facts of the basis for the construction cost under the instant construction contract, the Defendant paid to the Plaintiff KRW 2,354,00,000 (value 2,140,000,000 value-added tax of KRW 214,00,00) as stipulated under the instant construction contract, and the difference of construction cost due to the non-construction and modified construction cost of KRW 24,30,000,000.