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1. The Defendant’s KRW 126,129,013 as well as the Plaintiff’s annual rate of KRW 5% from May 28, 2015 to November 24, 2017.
Reasons
1. Basic facts
A. On May 9, 2012, the Defendant awarded a contract for the construction of a new Cridge located in D D and the new construction of E bridge located in Kimcheon-si from Cridges, etc., the Defendant, among the new construction works of the said Cridges, set the Plaintiff as KRW 5.6 million for the construction cost of the metal glass work (hereinafter “Cridges”) from among the new construction works of the said Cridges, determined as KRW 180,500,000 for the construction cost, on August 14, 2012, the Defendant awarded a contract for the metal glass work among the new construction works of the said Eridges as KRW 181,50,000 for the construction cost.
(hereinafter referred to as “each of the construction costs of this case” in total. (b)
On April 3, 2013, the Plaintiff completed the Cridge, on November 30, 2012, respectively, and received KRW 31350,000,000 from the Defendant as the construction cost, and KRW 179.2 million, respectively.
[Ground of recognition] Facts without dispute, Gap 1, 2, 4, and 6 evidence (including evidence with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The judgment of this Court
A. According to the facts acknowledged in paragraph (1) of the Plaintiff’s claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of the C Educational Association’s construction cost of KRW 19,265 million (= KRW 5.6 million - KRW 31,355 million), the balance of the E Educational Association’s construction cost of KRW 2.3 million (= KRW 188,150 million - KRW 179,200,000) and the delay damages therefor (=2) due to the alteration work or additional work, the Plaintiff agreed to increase the C Educational Association construction cost of KRW 56,61,886, respectively between the Defendant and the Defendant, and the E Educational Association construction cost of KRW 2.40,61,586,000,000 (= KRW 6,5340,500,000,000).
However, it is not sufficient to recognize that the agreement between the original defendant on the increase in the construction cost as above has been reached only with the descriptions of Gap 5, 10, and 12.