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1. Defendant B shall pay 22,100,000 won to the Plaintiff and 20% per annum from July 8, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person engaged in the construction business, such as interior interior interior decoration, with the trade name of “D”, and Defendant C is a person engaged in the same business with the trade name of “E”.
B. On January 7, 2012, the Plaintiff entered into a contract with Defendant B for the construction cost of Granchis and interior works located in Ulsan-gu, U.S. (C) 304, U.S. and U.S. (C) for KRW 127 million, and the construction period from January 9, 2012 to February 15, 2012. On January 9, 2012, the Plaintiff subcontracted Defendant C with the entire construction cost of KRW 94 million.
C. The original contract and other matters entered into between the Plaintiff and the Defendant B, which read “in good faith construction by mutual consultation and agreement on the basis of a separate drawing and estimate.” The contract amount adjustment (Article 16), the contract amount adjustment due to price fluctuation (Article 17), and the contract amount adjustment due to price fluctuation (Article 18) are stipulated in the instant subcontract contract concluded between the Plaintiff and the Defendant C, and the other matters include “the offer of household design, X-RAY separate”, etc.
Defendant C completed the instant interior work in accordance with the instant subcontract agreement.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 5, part of Gap evidence 3, the purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. The Plaintiff asserted that the Plaintiff completed the interior work pursuant to the instant prime contract between Defendant B and Defendant B, but Defendant B paid only KRW 110 million out of the construction cost agreed upon to the Plaintiff, out of KRW 127 million.
Therefore, Defendant B is obligated to pay the remaining construction cost of KRW 17 million to the Plaintiff.
In addition, the plaintiff is obligated to pay the above additional construction cost to the plaintiff, since the plaintiff made the additional construction work according to the direction of the defendant B, and the cost of the construction work exceeds KRW 5.1 million.
B. As to the claim for construction cost.