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1. The Defendant’s KRW 25,564,00 and the Plaintiff’s annual rate of KRW 5% from March 25, 2017 to November 17, 2017.
Reasons
1. Facts of recognition;
A. On March 11, 2016, the Defendant entered into a contract on the construction project for manufacturing and installing tank water treatment facilities (hereinafter “instant contract for construction project”) with Hanyang-Tech Co., Ltd. (hereinafter “Korea-China”) for the construction cost of KRW 175,00,000 and the construction period of KRW 175,00,00 from March 1, 2016 to June 30, 2016. On March 11, 2016, the Defendant entered into a contract with the Defendant for the construction project for manufacturing and installing tank water treatment facilities (hereinafter “instant contract for construction”).
B. On March 31, 2016, the Defendant paid the Plaintiff KRW 7,950,00 (Additional rent) as down payment, and paid KRW 21,250,000 (Additional rent) on May 30, 2016, and KRW 20,717,292 (Additional rent) on July 12, 2016, and the Plaintiff claimed KRW 28,486,277 (Additional rent) as of July 20, 2016, on September 13, 2016, paid KRW 9,090,909 (Additional rent separately) as of September 13, 2016.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 to 3, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s determination on the claim for the remainder of the construction works was suspended due to the nonperformance of STX Construction, which is the original contractor, and the Plaintiff claimed KRW 31,334,904 (including additional tax) corresponding to the period until the discontinuance of the construction works was completed on July 20, 2016 after consultation with the Defendant, but the Defendant paid KRW 10 million among them and did not pay the remainder. Therefore, the Defendant asserts that the Defendant is obliged to pay the remainder of the construction work cost of KRW 21,34,904 (including additional tax) to the Plaintiff.
However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the amount equivalent to the base value at the time of the discontinuance of the instant construction was KRW 31,334,904 (including additional tax) or that the Defendant consented to that amount.