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The defendant's KRW 44,635,942 to the plaintiff and 5% per annum from September 16, 2014 to February 16, 2017.
Reasons
1. The facts below the underlying facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 2, 3, and Eul evidence Nos. 1, 3, and 5, together with the purport of the entire pleadings.
The Defendant decided to construct (hereinafter “instant construction”) three multi-household housing buildings (hereinafter “multi-household housing”) with a total of 19 households on the ground of each land owned by Da, D, and E, and entrusted Nonparty F with all the authority of the owner of the instant construction as the owner of the instant construction on November 11, 2013.
B. On December 2, 2013, F entered into a joint implementation agreement with Nonparty G to jointly implement the instant construction and jointly implement the instant construction, and G to manage and operate the instant construction and divide the benefits accrued from the instant construction into 5:5. On December 5, 2013, G contracted the instant construction to the Plaintiff on December 5, 2013.
C. After constructing up to three multi-households of this case, the Plaintiff continued construction of this case around May 19, 2014, and the Defendant completed the construction of this case’s multi-households by directly taking over the construction site from the Plaintiff and directly taking over the construction site of this case.
On the other hand, on May 19, 2014, F drafted a written agreement to the Plaintiff that “after reviewing the statement of settlement submitted by the Plaintiff, the Plaintiff recognized a legitimate part of the settlement, and would pay the remaining amount by September 15, 2014.”
2. Summary of the parties’ assertion
A. The Plaintiff’s assertion 1) The Defendant is obligated to settle and pay to the Plaintiff the instant construction work and the actual input cost of materials, etc. Accordingly, the Defendant also has the obligation to pay the Plaintiff the amount of KRW 15,40,00, the cost of site civil engineering, KRW 71,371,542, KRW 56,124, floor film cost, KRW 1,793,259, and KRW 2,818,439, KRW 594, and delay damages therefrom.
B. The defendant's assertion costs associated with materials and other materials invested by the plaintiff in the construction of the instant case.