beta
Text
1. The Defendant’s KRW 100,69,716 as well as the Plaintiff’s annual rate from July 2, 2015 to January 14, 2016.
Reasons
1. Basic facts
A. On February 24, 2011, 201, 200 won of supply price was 802,110,000 and the construction cost was 981,321,000 won due to the additional construction (i.e., supply price of KRW 892,10,000) increased to KRW 892,10,00.
B. On March 2011, the Plaintiff entered into an agreement with the Defendant that the Defendant shall undertake the instant construction, and the Defendant shall pay the Plaintiff 4% of the value of supply, and the Plaintiff shall pay various expenses upon receipt of the construction payment, and then the Defendant shall pay the remainder to the Defendant.
(hereinafter referred to as “instant agreement”). C.
On December 6, 2011, the Defendant received KRW 15,00,000 out of the instant construction cost from the Construction of New Names, and the Plaintiff received the remaining construction cost of KRW 967,298,363 from the Construction of New Names, and paid KRW 813,225,646 to the subcontractor in the instant construction process, and kept the difference of KRW 154,072,717.
The Defendant continued the instant construction work under the Plaintiff’s name and completed the instant construction work on February 2, 2012.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap’s 1 through 4, 6 through 10, and the purport of the whole pleadings
2. The assertion and judgment
A. 1) The Defendant had been on duty as the head of the instant construction site office. The Defendant concluded the instant agreement without properly grasping the content upon the Plaintiff’s continuous request, and the instant agreement was in violation of Article 104 of the Civil Act, stating that the instant agreement constitutes an unfair legal act under Article 104 of the Civil Act, and thus null and void, inasmuch as it did not impose any responsibility on the Plaintiff while ensuring that the Defendant was fully responsible. However, the instant agreement is in violation of Article 104 of the Civil Act.