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1. The Defendant’s KRW 70,000,000 as well as 6% per annum from January 3, 2017 to November 21, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. On January 6, 2015, the Defendant concluded a new construction contract for multi-household housing with MSP Co., Ltd. on the following terms:
Site location: Songpa-gu Seoul Metropolitan Government Building Site Area 226.90 square meters (68.76 square meters), building area 135.75 square meters (41.14 square meters) and total floor area 453.44 square meters (137.41 square meters) and construction cost, 18,000,000 won, and 583,00,000,000 won for design and construction cost, and for incidental facilities
B. The design and removal work for the construction of the housing was conducted thereafter.
Design was made at the CArchitect office, and according to the design drawing (hereinafter “instant design drawing”), the building area is 134.26 square meters, and the total floor area is 452.71 square meters (137.18 square meters).
C. On July 30, 2015, the Defendant concluded a construction contract with the Plaintiff to newly construct a multi-household house (hereinafter “instant construction”) in accordance with the instant design drawings (hereinafter “instant contract”) with the said company around July 30, 2015.
The main contents of the contract are as follows:
Construction site: The construction cost of the contract amount of 600,000,000 won (value-added tax below the scale of national housing) on December 30, 2015 on the completion of August 10, 2015, Seoul Songpa-gu Seoul Metropolitan Government Commencement on the construction site: KRW 4,00,000 per square;
D. A design change was made in part of the first floor parking facilities in the construction process to a neighboring shopping mall, and a part of the first floor was changed to a commercial building.
E. As to the instant multi-household housing, approval for use was granted on March 31, 2016.
F. On April 22, 2016, the Plaintiff issued a tax invoice with the supply value of KRW 620,000,000 to the Defendant.
G. From July 30, 2015 to May 31, 2016, the Defendant paid the Plaintiff KRW 610,000,000 in total, and directly paid KRW 16,50,000 (including value-added tax) to the Plaintiff’s subcontractor D (facilities in the system).
[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 1, 7, 9 evidence (including provisional number).