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1. The Defendant’s KRW 7,050,000 as well as its annual 6% from November 11, 2014 to November 12, 2015 to the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion was completed by entering into a subcontract with the Defendant during the period from October 2012 to December 2013, 2013.
Of the above construction costs, the unpaid portion of the construction cost shall be KRW 21,100,00, KRW 3,300,000 out of the price of the additional construction work, KRW 28,050,00 among the price of the household construction work, KRW 28,050,00 for the additional construction work, and KRW 990,00 for the D Repair Work, and KRW 53,440,000 for the Plaintiff, and the Defendant shall pay the Plaintiff the above KRW 53,440,00 for the delayed payment.
B. The Defendant’s assertion did not conclude a contract with the Plaintiff, and paid all the construction cost, excluding KRW 990,000,000 for the remainder of the construction work, as well as the payment exceeding KRW 6,040,00 in excess of the construction cost for the B and the additional construction work. Therefore, the amount to be paid to the Plaintiff is not set off.
2. Determination
A. Around July 16, 2013, the Plaintiff entered into an additional construction contract with the Defendant for KRW 174,900,000 of the construction cost and KRW 174,90,000 of the B Corporation. Around October 31, 2013, the Plaintiff entered into an additional construction contract for the said Corporation at KRW 34,100,000 for the construction cost.
B) On July 10, 2013, the Plaintiff entered into a household construction contract with the Defendant with the amount of KRW 74,800,000,000. C) The Defendant paid KRW 277,740,000 to the Plaintiff from July 15, 2013 to March 5, 2015.
[Ground of recognition] A without dispute, Gap evidence Nos. 10, 11, 12, 14, 15. 16, Eul evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), part of Gap evidence Nos. 13, and the purport of the whole pleadings are as follows.
4,340,00 won paid by the Defendant on July 18, 2013 is the cost borne by the Defendant as the purchase price for stairs supplied to C Corporation.
Defendant’s KRW 4,00,000 paid on August 2, 2013 and August 13, 2013.