Text
1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 73,957,431 as well as to the plaintiff on April 2018.
Reasons
1. Facts of recognition;
A. The Defendant is a construction company that carries out construction of commercial housing in Suwon-si C (hereinafter “instant W-dong land”), Suwon-si L (hereinafter “instant X-dong land”), and the Plaintiff was awarded a subcontract for each of the instant construction works (hereinafter “each of the instant construction works”) from the Defendant to a company that mainly aims at a waterproof landscaping, painting, painting, or painting construction.
B. As to the instant land, construction work was conducted in dividing A through C into 15 zones. On December 10, 2016, the Plaintiff entered into the instant WT construction contract with the Defendant for the instant area where “A, B, C, N, andO” was conducted, and on December 10, 2016, the Plaintiff entered into an additional contract for the instant WT construction work that performs the instant construction work, such as tide, design, waterproof, and tidal wave, and on April 30, 2017 (A, B, C, and N) and February 28, 2018 (O zone). On June 30, 2017, the Plaintiff entered into the instant WT construction contract with the Defendant for the instant area where “D, L, and M” areas, and entered into an additional contract for the said additional construction work on August 12, 2017 and September 29, 2017 (M zone).
C. As to the instant X-dong land, the Plaintiff entered into a contract with the Defendant on June 30, 2017 with the content that construction works, such as lighting and beauty, etc.
The Plaintiff completed all of the instant construction works except Wdong D areas, and the construction cost excluding Wdong D areas among each of the instant construction works is KRW 481,006,000 (the same shall apply to the statement in the aggregate of the construction cost change agreements for attached Form 1) and was paid KRW 382,427,60 among the construction cost by the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, barring special circumstances, the defendant's payment of 98,578,400 won = 481,06,000 won - 382.