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1. The Defendant’s KRW 30,000,000 as well as the Plaintiff’s annual rate of KRW 6% from March 1, 2016 to November 1, 2018.
Reasons
1. Determination on the cause of the claim
A. On November 26, 2014, the Plaintiff received the instant construction from the Defendant during the period from November 27, 2014 to May 31, 2015, for the construction cost of the construction of a factory located in Seo-gu Incheon, Seo-gu (hereinafter “instant construction”). After that, the Plaintiff received the additional construction amounting to KRW 6,457,00 (the first floor capital, factory capital, one toilet for factory, one factory door, the factory door, and the first floor partitions for factory) (hereinafter “instant construction”). The Plaintiff completed the instant construction on April 10, 2015, and the Defendant raised a defect issue.
The plaintiff tried to repair the defects, but the defendant demanded to deduct the amount of the defect repair work from the construction cost of this case, as the defect repair work is to be performed under his responsibility.
3) From December 15, 2014 to July 20, 2015, the Defendant paid KRW 913,800,000 among the instant construction cost of KRW 1,040,457,00 ( KRW 6,457,000) (the unpaid construction cost of KRW 126,657,00), and the Defendant’s agent C paid KRW 913,80,000 (the unpaid construction cost of KRW 126,657,00) (the unpaid construction cost of KRW 126,657,00) to the Plaintiff on January 26, 2016, the Defendant agreed to reduce the remainder to KRW 90,00,000, and the Plaintiff paid the said money to the Plaintiff by February 29, 2016 (hereinafter “instant payment angle”).
5) On May 31, 2016, the Defendant issued an electronic tax invoice with the amount of KRW 35,000,000, comprised of the Plaintiff and the items of the instant construction work (repair), the amount of which was KRW 35,000. 6) The Defendant paid KRW 60,000,000 as the construction price to the Plaintiff from March 2, 2016 to January 26, 2017, which was after the completion of the instant tax invoice.
[Grounds for recognition] Evidence Nos. 1 through 5, Gap evidence No. 7, the purport of the whole pleadings
B. As to the Plaintiff, the Defendant, as to KRW 30,00,000 ( KRW 90,000,000 as agreed in the instant payment note, - KRW 60,000,00 that was paid thereafter) and its payment date following the date specified in the instant payment note, becomes a dispute over the scope of the Defendant’s performance obligation from March 1, 2016.