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1. The Defendant’s KRW 19,077,440 for the Plaintiff and KRW 5% per annum from December 1, 2012 to January 16, 2015.
Reasons
1. Basic facts
A. The plaintiff is a person who is engaged in the establishment and construction business of Aluminum board in the trade name of C, and the defendant is a company with the purpose of civil engineering and construction business.
B. The Defendant: (a) received a subcontract for metal and windows among Dwork from D Work Co., Ltd.; and (b) concluded that “the construction area of the construction project shall be 2,152 square meters in total and grains; (c) construction cost shall be 68,864,000 square meters in total; (d) value-added tax shall be separate; (e) the construction period shall be 32,000 square meters in square meters in square meters; (e) the construction work period shall be ranging from June 1, 2012 to September 20, 2012; and (e) re-subcontracted (hereinafter “instant contract”).
C. Under the instant contract, the design was partially modified during the course of performing the instant construction, and the Plaintiff completed the instant construction work based on the changed design made to Police Officer on November 2012, 201, and was supplied with 2,433.91 square meters of Aluminum board from Aluminum Co., Ltd. for the instant construction work.
Meanwhile, the Defendant paid the Plaintiff KRW 58,000,000 in total as the construction cost of the instant case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 6-1, the purport of whole pleadings
2. The assertion and judgment
A. In the process of performing the instant construction, the Plaintiff asserted that, in accordance with the design change and the Defendant’s additional construction order, the Plaintiff established a Aluminium panel of 2,408.67 square meters in total in size exceeding the area stipulated in the instant contract. Since the Plaintiff agreed with the Defendant to increase the construction price of 32,80 won per square meter, the Plaintiff’s total construction price to be paid by the Defendant is KRW 79,004,376 (=2,408.67 square meters x 32,800 won), and the Defendant paid KRW 58,00,000 among them, and did not pay the remainder of KRW 21,04,376.
As to this, the defendant is actually the plaintiff.