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The Defendants jointly share KRW 83,700,000 with respect to the Plaintiff and KRW 15% per annum from October 30, 2018 to the date of full payment.
Reasons
1. Basic facts
A. On March 31, 2017, the Defendants entered into a subcontract with the Plaintiff and the construction period from March 31, 2017 to August 21, 2017 with respect to the construction of metal structures among the new construction works of E elementary school teachers ordered by the Chungcheongnam-do Office of Education, Chungcheongnam-do.
B. On July 27, 2017, the Defendants and the Plaintiff concluded a modified subcontract to the effect that the contract amount is increased to KRW 462,00,000 (including surtax) during the existing subcontract agreement on the ground of the change in the design of the ordering party (hereinafter “instant subcontract”).
C. The Plaintiff completed the subcontracted project, and the construction of the E Elementary School was completed on October 27, 2017.
[Ground of Recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including additional number)
2. The assertion and judgment
A. (1) The Plaintiff’s assertion (1) was settled from September 21, 2017 to Defendant B Co., Ltd. (hereinafter “Defendant B”) and the construction period on the grounds of an increase in construction volume, including the installation of additional panty sculptures, etc. during the construction period. The Plaintiff’s F prior management and G, the Defendants’ agent, determined the increase in construction cost as KRW 36,300,000 (including additional taxes). Meanwhile, the Defendants repaid the Plaintiff the construction cost of KRW 414,60,000.
Therefore, the Defendants are obliged to pay the Plaintiff the unpaid construction cost of KRW 83,700,000 (= KRW 462,000,000) (= KRW 466,300,000) (= KRW 498,300,000).
(2) The Defendants did not have any agreement on the settlement of the additional construction cost with the Plaintiff, and the evidence No. 7 (Settlement Agreement) was merely signed by G with no power of representation after retirement of Defendant B.
Even if such settlement agreement is acknowledged, the Plaintiff failed to complete the construction by August 21, 2017, which is the deadline for the completion of the instant subcontract, and thus, on August 2017.