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1. The Defendant shall pay to the Plaintiff KRW 32,340,00 and the interest rate of KRW 15% per annum from July 19, 2018 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On September 1, 2017, the Plaintiff (mutual: E) received a subcontract from the Defendant for the Suwon-nam Budget Center Construction Work (hereinafter “instant Construction Work”) from the Defendant, and made oral arrangements for the construction cost to be paid in the way of settling the volume later.
B. The Defendant asserted that the Plaintiff’s family members or branch members (B, G, H, and I) entered into a labor contract and paid a total of KRW 36,100,000 to the Plaintiff totaling KRW 36,150,000, but it is recognized that the Defendant paid KRW 36,092,200 according to the deposit certificate (Evidence B and 4). However, the Plaintiff was paid KRW 36,100,000 from the Defendant.
The work price was paid in the name of the wages.
C. On November 21, 2017, the Plaintiff sent by e-mail a statement that calculated the construction amount of KRW 73,820,500 by ascertaining the construction amount at the request of the head of the Defendant’s On-Site Director D, and the Defendant sent a statement that calculated the construction amount of KRW 65,508,007 by reflecting the quantity identified by the Defendant on December 4, 2017 (Evidence A4).
[Ground of recognition] Facts without dispute, Gap evidence 4, 6, 7, Gap evidence 11 to 13, Eul evidence 2 to 4, Eul evidence 9 (including provisional number), the purport of the whole pleadings
2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff the remainder of the construction cost of KRW 32,340,00 [including value-added tax, = 29,40,000 won [=65,500,000 won is premised on the premise that the total construction cost of this case is KRW 65,50,000 in the cause of the claim x 1.1] and to pay to the plaintiff the amount calculated at the rate of KRW 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from July 19, 2018 to the date of full payment].
3. Conclusion, the plaintiff's claim is justified and acceptable.