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1. The Defendant’s KRW 278,938,00 for the Plaintiff and KRW 6% per annum from June 26, 2013 to July 19, 2013, and the following.
Reasons
1. Facts of recognition;
A. On November 29, 201, the Plaintiff, the main business purpose of which is reinforced concrete construction business, etc. (hereinafter “Plaintiff company”), concluded a construction contract with the Defendant for each of the contracted construction works from December 1, 201 to February 20, 201 (including value-added tax) and completed the completion inspection on April 10, 2012 after completing the construction work.
B. Meanwhile, according to the Defendant’s request, the Plaintiff Company separately carried out the construction of earth and sand, floor construction, reinforcement soil, and a part of the structure of a building expanded from retaining wall (hereinafter “the instant additional construction”) on the site of marina in addition to the construction details of the instant construction stipulated in the instant contract. The construction cost therefrom is KRW 160,358,000.
C. The Plaintiff Company completed both the instant construction and the instant additional construction, and received a total of KRW 49,082,000 from the Defendant to March 14, 2012 for the purpose of the construction cost.
[Ground of recognition] A without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 4-2, Gap evidence 5, appraiser C's appraisal result, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, the Defendant is obligated to pay the Plaintiff Company KRW 278,938,00 [The construction cost of KRW 118,580,00 (the construction cost of KRW 609,400,000 under the instant contract - the construction cost of KRW 490,820,000 paid by the Plaintiff Company from the Defendant) and the delay damages therefrom.
B. In addition, the Plaintiff Company agreed to pay the amount of KRW 50 million under the pretext of additional construction costs, and sought its implementation. However, the Plaintiff’s additional construction cost based on the result of appraisal of additional construction cost under the commission of this Court is 160,358.