beta
Text
1. Defendant B Co., Ltd.: (a) KRW 29,629,047 for the Plaintiff and 6% per annum from April 1, 2015 to January 26, 2017.
Reasons
1. Basic facts
A. Defendant C Co., Ltd. (hereinafter “Defendant C”) contracted to Defendant B Co., Ltd. (hereinafter “Defendant B”) for the construction of a new factory for the ground D in Chungcheongnam-gun, Chungcheongnam-do. On November 3, 2014, the Plaintiff was awarded a subcontract from Defendant B for the construction cost of the steel frame (hereinafter “instant construction”) at KRW 400,400,000 (including value-added tax).
B. After that, 429,000 won (including KRW 400,400,000,000, and value-added tax) that was paid as a result of the instant concrete work was added to the instant construction work, and the instant construction work amount was KRW 400,829,000 (including KRW 429,000,000). Defendant B paid to the Plaintiff KRW 370,000,000 out of the instant construction work amount until September 2, 2015.
[Reasons for Recognition] Facts without dispute, Gap evidence 2, 6 evidence, Eul evidence 1, 2, and 7 evidence (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. The Plaintiff’s assertion 1) around January 2015, the Plaintiff received a request from Defendant B for the additional construction from Defendant B (including 1,688,670 won at the entrance (at least 2), ② 1-type 2,9,670 won, ③ 1-type 2,623,440 won, ④ 1-type 16,356,00 won, 25,979,547 won (including 1,68,660 won) x 2,949,670 won x 16,356,540 won, and 25,979,670 won x 2,623,40 won x 16,356,00 won x 16,00 won of value-added tax x 205.
(2) Therefore, the total construction cost of this case is KRW 426,808,547 (i.e., KRW 400,829,00, KRW 25,979,547). Since the Defendant paid only KRW 370 million to the Plaintiff, the Defendant shall pay the remainder of KRW 56,808,547 (i.e., KRW 426,808,547 - KRW 370,000) among the additional construction claimed by the Plaintiff, and the delay damages therefor. (ii) Since the construction work is included in drawings at the time of the instant construction contract, it is not an additional construction work, but an additional construction is recognized only for the construction work.