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1. The Defendant’s KRW 727,684,971 as well as 5% per annum from August 2, 2016 to October 25, 2016 to the Plaintiff.
Reasons
1. Summary of the parties' arguments
A. The Plaintiff concluded a subcontract agreement with the Defendant regarding electricity, telecommunication, and fire-fighting and electrical construction among the following works, and completed all construction works.
However, while the Defendant did not pay KRW 742,425,354 (including value-added tax) out of the construction cost to the Plaintiff, it paid only KRW 12,5970,000,000 on May 10, 2016 and KRW 12,59,000,000 on August 1, 2016.
If this is appropriated in the order of interest and the principal, the unpaid construction cost as of August 1, 2016 is KRW 727,684,971, and the Defendant is obligated to pay the Plaintiff the construction cost payable as of August 1, 2016 and the delay damages therefrom.
CD E F GH I J K M L L
B. Defendant 1) There is no agreement between the Plaintiff and C Hospital to pay the additional construction cost, and C Hospital concluded by the method of design and construction contract (a lump sum construction contract) and thus, the Plaintiff shall bear the burden even if the additional construction cost incurred due to the additional construction work. Therefore, the Plaintiff’s claim seeking the payment of the additional construction cost due to the additional construction work for C Hospital is without merit. Furthermore, according to the terms and conditions of C Hospital’s contract, if the contents of the additional construction work were changed due to a design change, etc., the Defendant shall issue the additional construction order to the Plaintiff in writing. The Defendant did not deliver
Therefore, there is no reason to pay additional construction cost in relation to C Hospital.
3) Even if the Defendant’s obligation to pay the additional construction cost relating to C Hospital is acknowledged, it cannot be deemed that the additional construction cost reaches KRW 482,455,354. The Defendant paid KRW 12,597 million to the Plaintiff as the unpaid construction cost, and the Plaintiff did not receive refund of KRW 100 million out of the advance payment paid to the Plaintiff in relation to the relocation of the O Committee to provincial areas, and then would substitute it for the unpaid construction cost.