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1. The Defendant’s KRW 66,776,945 for the Plaintiff and KRW 5% per annum from May 11, 2013 to December 19, 2014.
Reasons
1. Basic facts
A. On January 2012, the Defendant was awarded a contract for construction cost of KRW 1.65 million (excluding value-added tax) with Nonparty M&C Co., Ltd. (hereinafter “ Nonparty Co., Ltd.”).
B. On February 2012, the Defendant subcontracted to the Plaintiff the construction cost of KRW 1.31 billion (excluding value-added tax) for the said construction work.
C. The Plaintiff completed the principal construction of this case and received construction payment from the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, fact-finding results on wall industrial engineering corporation, purport of the whole pleadings
2. The parties' assertion and judgment
A. The principal assertion of the parties (1) The Plaintiff’s assertion (A) carried out the additional construction work on seven occasions, separate from the main construction of this case, and claimed the Defendant for the payment of the additional construction work. The final claim is as stated in the [Attachment 1] column.
(B) The Defendant paid 70 million won to the Plaintiff as additional construction cost, and the said amount was appropriated for the 1 and 2 additional construction cost.
(C) However, the Defendant still does not pay the price for the 3 to 7 additional works. The price for the construction is equivalent to 82,043,295 won (including value-added tax).
(D) Of the above 3 through 7 additional construction cost of KRW 82,043,295, the Defendant sought payment of KRW 70,800,000 and value-added tax of KRW 7,080,00 as stated in the separate sheet, from among the above 3 through 7 additional construction cost of KRW 82,043,295, to the Plaintiff. The Defendant is liable to pay the above price
(2) The Defendant’s assertion that the Plaintiff was running with the third or seventh additional construction costs is merely KRW 10,075,644, and the Defendant is merely obligated to pay the said construction costs to the Plaintiff.
(b) Rule (1) provides that there is no dispute, Gap evidence 1, Gap evidence 2 and 3.