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1. The Defendant’s KRW 4,958,750 for the Plaintiff and KRW 6% per annum from April 2, 2019 to March 25, 2020.
Reasons
1. Basic facts
A. Around June 8, 2018, the Defendant, who runs a construction business, was awarded a contract for outdoor swimming pool installation works by Dongdaemun-gu Seoul Metropolitan Government to install outside swimming pools, and completed the construction on July 2, 2018.
(The contract amount shall be KRW 141,402,00, the completed amount shall be KRW 137,247,00). (b)
The Plaintiff performed the construction work by subcontracting the said construction work in a lump sum from the Defendant.
[Ground of recognition] The fact that there is no dispute, Gap evidence 2, Eul evidence 6, fact-finding results against the head of Dongdaemun-gu, the purport of whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff and the Defendant agreed that the subcontract price was KRW 110 million (including value-added tax); the Defendant paid only KRW 74,236,060 and did not pay the remainder of KRW 35,763,940; thus, the Plaintiff and the Defendant seek payment of the balance of the subcontract price. 2) The Plaintiff and the Defendant are KRW 85,767,630,000 (including value-added tax) determined by the Defendant, and the Defendant paid KRW 75,767,630 among them, the remainder of the subcontract price is KRW 4,232,370.
B. It is insufficient to recognize that the Plaintiff and the Defendant entered into a subcontract by setting the construction cost as KRW 110 million only with the testimony of the Plaintiff and the witness D, and there is no other evidence to acknowledge this otherwise.
If so, as the Defendant is the person, the subcontract price between the Plaintiff and the Defendant should be recognized as KRW 80 million. According to the evidence Nos. 8-1 through 9 of the evidence Nos. 8-1 through 9, the Defendant paid the Plaintiff the labor cost of KRW 75,041,250 on July 5, 2019 to KRW 27,393,120 (Evidence No. 8-3), and the Do rent cost of July 5, 201 to KRW 271,870 (Evidence No. 8-4 of the evidence No. 8-4). Thus, the Defendant paid the Plaintiff KRW 4,958,750 (=80,000 - 75,000 - 75,01,250) and the Defendant’s application form for the instant claim and its modification to the claim of this case.