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1. The Defendant’s KRW 110,704,00 for the Plaintiff and KRW 5% per annum from January 1, 2016 to December 5, 2016.
Reasons
1. Basic facts
A. On January 8, 2014, the Plaintiff and the Defendant concluded a contract for construction works with the construction cost of KRW 2,866,155,360 (the construction cost of December 8, 2015 was finally changed to KRW 4,341,689,00) with respect to the construction work of the Taecheon River ecological duct located in Ulsan-gu, Seoul Special Metropolitan City (hereinafter “instant construction work”).
B. On August 1, 2014, the Plaintiff entered into the instant subcontract agreement (hereinafter “instant subcontract agreement”) with the Chang Name Co., Ltd. (hereinafter “original name”) on a construction cost of KRW 528,00,000 (including additional tax) with respect to the instant subcontracted construction work (hereinafter “instant subcontracted construction”).
C. On November 16, 2015, the Plaintiff completed the instant construction work after undergoing the completion inspection. D.
The Plaintiff was paid KRW 4,230,985,00 as the construction cost of the instant case.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, 8, Eul evidence 1-1, 2-2, and the purport of the pleading
2. The assertion and judgment
A. According to the above basic facts, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 110,70,00 (i.e., KRW 4,341,689,00 - KRW 4,230,985,00) and damages for delay at each rate of KRW 15% per annum under the Civil Act from January 1, 2016 to December 5, 2016, the delivery date of a copy of the complaint of this case, which was from January 1, 2016 to December 5, 2016, the delivery date of a copy of the complaint of this case.
B. (1) The Defendant’s assertion as to the part of the Defendant’s assertion (1) was based on the agreement that the Defendant directly pays the subcontract price to the title of the subcontracted project (hereinafter “instant agreement”), and the unpaid construction price should be paid to the Defendant as to the failure of the subcontracted project in the name of the title of the title of the title of the title of the title of the title of the title.