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1. The Defendant shall pay to the Plaintiff KRW 210,760,000 and the interest rate of KRW 15% per annum from May 10, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On May 28, 2015, the Plaintiff entered into a contract with the Defendant to accept the instant land construction (hereinafter “instant land construction contract”) with the payment of construction cost of KRW 44,00,000 (excluding value-added tax; hereinafter the same shall apply) among the land construction works in the C plant construction project, and with the construction period of May 29, 2015 to September 30, 2015 (hereinafter “instant land construction contract”).
B. On May 28, 2015, the Plaintiff entered into a contract with the Defendant to accept the instant provisional installation and file construction (hereinafter “instant provisional installation contract”) with the cost of construction KRW 70,000,000, and the construction period from May 29, 2015 to July 15, 2015 (hereinafter “instant provisional installation contract”).
After that, the Plaintiff completed all the construction of the instant home facilities.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including each number in case of additional number; hereinafter the same shall apply) and purport of whole pleadings
2. Determination
A. 1) The Plaintiff’s assertion as to the claim for the amount payable out of the agreed construction cost (A) was completed in entirety by the parties, and the Defendant sought payment of KRW 38,700,000, out of the construction cost of KRW 44,000 under the instant land construction contract, to the Plaintiff. As such, the Defendant sought payment of KRW 5,300,000,000.
B) The Defendant’s assertion was that the Plaintiff did not perform other construction works except the foundation destruction construction among the instant earth construction works. The Plaintiff paid the Plaintiff the construction cost of KRW 44,00,000 according to the instant earth construction contract. 2) First of all, according to the records of evidence Nos. 7 and 5 as to whether the Plaintiff completed the instant earth construction works, the Plaintiff’s work log of the original Defendant, which was prepared during the period of performing the instant earth construction works, is included in the instant earth construction.