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1. The Defendant’s KRW 43,818,455 as well as 6% per annum from September 12, 2014 to February 14, 2017 to the Plaintiff.
Reasons
1. The parties' assertion
A. On July 11, 2014, the Plaintiff received payment of KRW 703,00,000 for the construction cost from the Defendant (the trade name before the change was non-SS, Co., Ltd., Ltd.) for the newly constructed “Fel” construction work on the land B, C, D, and E, of KRW 703,00 for construction cost.
(Stenographic name “On-Site Director’s Liability Execution Agreement”; hereinafter “instant construction contract”). On July 11, 2014, the Plaintiff commenced the instant construction work and completed the construction work around September 11, 2014.
Since the construction cost unpaid as of August 10, 2015 is KRW 270,486,455, and around September 2016, the Plaintiff transferred 220,000,000 among them to subcontractors, etc., the Defendant is obligated to pay the remainder of the construction cost to the Plaintiff (=343,37,495 - 220,000,000) and damages for delay.
B. The Defendant concluded the instant construction contract with the Plaintiff, and accordingly, acknowledged the completion of the construction work by the Plaintiff.
However, the above obligation of the defendant against the plaintiff was extinguished by the repayment, payment in kind, or assignment of claims.
2. Where there is no dispute between the parties to the judgment, or comprehensively taking account of the respective descriptions and arguments in Gap evidence Nos. 4, 5, 7 through 12, Eul evidence Nos. 2-1 through 3, and Eul evidence Nos. 4 through 6, the plaintiff is engaged in temporary installation, reinforced concrete, and civil construction business, and the defendant is engaged in a company for the purpose of construction and civil engineering construction business. The plaintiff entered into the contract for the instant construction work with the defendant on July 11, 2014, and completed the construction contract on September 11, 2014 under the contract, and the defendant did not pay the above construction price on April 23, 2015, the plaintiff did not pay the construction price on the date. The plaintiff was provisionally seized as the claimed amount by the Daegu District Court No. 2015Kadan1898 on land other than Jung-do, Chungcheongnam-gun District Court No. 443,561,272 (hereinafter referred to as "provisional attachment") and the defendant No. 28. 29.