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1. The Defendant shall pay to the Plaintiff KRW 50,442,192 as well as 5% per annum on May 25, 2017, and shall be paid in full from the following day.
Reasons
1. Basic facts
(1) The Plaintiff was awarded a contract from Busan Metropolitan City to “the construction of a water-saving pipe in the Green Products” and the Defendant was awarded a subcontract for A-LINE 1 construction work (hereinafter “instant construction work”), a part of the said construction work, by the Plaintiff, and the Plaintiff, the Plaintiff, the Defendant, and the Busan Metropolitan City, a contractor, agreed to pay directly to the Defendant, the subcontractor, who is the subcontractor.
Sheb. The original and the Defendant drafted a standard subcontract agreement and a modified subcontract agreement with the content that only the Defendant conducts the construction work (hereinafter “the construction work type”, such as block packaging removal, steel re-transport, and ready-mixed removal, etc., among the instant construction work (hereinafter “the instant construction work”). The said contract and agreement were KRW 7,205,00,000 on February 22, 201, when the construction work cost of the instant construction work was completed, and the said contract and agreement were written as KRW 7,102,00,000 on June 29, 2012; around March 29, 2013, each of the changes agreement changed to KRW 8,340,200,000,000,000,008,008,008,008,000 won, respectively.
Secondly, the original and the Defendant also drafted a subcontract agreement and a modified subcontract agreement with the content that the Defendant will perform the “all of the instant construction works.” The said agreement and the agreement are written as follows: (a) the construction cost of the instant construction works was KRW 6,435,00,000 on February 22, 2011, which was the date of preparation of the first contract; and (b) the construction cost was changed to KRW 7,570,200,000 on June 28, 2012.
x. The Defendant independently performed the instant construction and completed the instant construction on July 2013.
(v) The Defendant received KRW 7,907,817,469 in total from Busan Metropolitan City, including advance payment received through the Plaintiff. The Defendant received KRW 7,907,817,469 from the Plaintiff at the Plaintiff’s request on March 201, out of the advance payment received as above.