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1. The Defendant’s KRW 54,248,820 as well as the Plaintiff’s annual rate from June 25, 2013 to February 12, 2015.
Reasons
1. Facts of recognition;
A. On December 1, 2012, the Plaintiff received a contract from the Defendant on the ground B, “new construction of Class I neighborhood living facilities and hazardous material storage facilities,” which was set by setting the total construction period from December 1, 2012 to December 20, 2012, 385,000,000 of the construction cost (including value-added tax) and five percent of the construction cost of the warranty bond (credit insurance policy or the payment of the construction cost when submitting the warranty insurance policy or paying the construction cost).
B. From December 3, 2012 to June 9, 2013, the Defendant paid a sum of KRW 340,315,850 to the Plaintiff as construction price. The Defendant paid KRW 95,300 to the Plaintiff aggregate of the electric rent for December 2012 and January 2013.
C. On January 20, 2013, the Plaintiff completed construction works and completed the said construction site.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 2-1 to 18, Eul evidence 12, the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s assertion did not receive KRW 44,684,150 out of the agreed construction cost from the Defendant. At the Defendant’s request, the Plaintiff has a claim for additional construction cost of KRW 16,560,00 for L-type retaining wall construction cost of KRW 2,860,00 for L-type retaining wall construction cost of KRW 20,00,000 for L-type retaining wall construction cost of KRW 7,480,000 for L-type retaining wall construction cost of KRW 6,40,00 for A-type container packing equipment cost of KRW 6,40,000 for land-type construction cost of KRW 16,50,000 for land-type construction cost of KRW 69,80,000 for land-type construction cost of KRW 11,04,00 for 439,150 for L-type retaining wall construction cost of KRW 46,00 for 46,005,00 for damages for delay).
B. 1) According to the facts of recognition of the unpaid construction cost out of the agreed construction cost, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 44,58,820 (=385,00,000) - the agreed construction cost of KRW 340,315,850 - the electricity tax of KRW 95,330.
The defendant shall pay the construction cost to the plaintiff.