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1. The Defendant’s KRW 63,700,000 as well as 5% per annum from December 3, 2015 to May 2, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 9, 2015, the Plaintiff received a contract from the Defendant for the installation of electric facilities with the following content:
(hereinafter referred to as the “instant construction”): Payment of the price for construction: Advance (20,000,000 won), balance (20,000 won) (20,000 won) (hereinafter referred to as “value-added tax”) within three days after the completion of the construction and completion of the construction operation; the construction period: 50KVA 2: 5323, 532, 530, 532, 50, 300, 300, 400, 200:
B. The Plaintiff commenced construction works on November 9, 2015 in accordance with the instant construction contract, and completed most of the construction works until November 23, 2015, and passed a pre-use inspection conducted by the Korea Electrical Safety Corporation on the same day.
C. On November 30, 2015, the instant construction was suspended.
On the other hand, the Defendant paid the Plaintiff KRW 20,000,000 as the construction cost of the instant case on November 20, 2015, and KRW 5,000,000 on November 23, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, video (including paper numbers, hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion 1) since the commencement of the instant construction work on November 9, 2015, the Plaintiff came to a stage of immediate transmission when only the measuring instruments run down after on-site inspection in Korea power, while most of the construction works have been completed from November 23, 2015. However, around November 2015, the Defendant continued to transmit the power to the Plaintiff for reasons of the occurrence of the installation portion unrelated to the Plaintiff’s electrical construction, and eventually, caused the Plaintiff to suspend the construction. At the present construction site, the machinery, equipment, etc. installed by the Plaintiff was removed or removed from the outside by a third party.
3) Although the construction of this case was suspended due to the reasons attributable to the Defendant at the completion stage as above, the Defendant shall pay the remainder of the construction cost of KRW 64,700,000 (=total construction cost of KRW 84,700,000).