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1. The judgment of the first instance court, including the Plaintiff’s claim expanded and reduced in the trial, shall be modified as follows:
Reasons
1. Basic facts
A. A. Around 2013, the Defendant subcontracted the construction of “D business” by C (hereinafter “C”) and re-subcontracted part of the heat and original construction cost to the Plaintiff at KRW 60,500,000.
In December 2014, the Plaintiff completed the construction work as a police officer.
B. After the completion of construction in December 2014, the Defendant prepared a statement of accounts (Evidence A 1) to the effect that the payment of the construction cost is KRW 30,605,000 (=60,500,000 - Payment KRW 29,895,00) and had the Plaintiff confirm it, and the Plaintiff confirmed it.
[However, on December 4, 2014, KRW 1,800,000 in the above statement of accounts was written in writing, and the actual amount paid was not KRW 29,895,000, but KRW 30,695,000 ( KRW 29,895,000). As a result, the unpaid construction payment was not KRW 30,605,000, not KRW 30,000 (=60,50,000 - 30,695,000).
The total construction cost that the Plaintiff received from the Defendant is KRW 30,695,000 (round the time of preparation of evidence No. 1) from August 18, 2014 to December 4, 2014; KRW 20,600,000 in total from January 2, 2015 to February 14, 2015; and KRW 51,295,000 in total.
(i) [Attachment 30,695,000 won 20,600,000 won, see Attached Statement] A without dispute, Gap evidence 1, 3, Eul evidence 1-1 and 2, and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant is liable for a dispute as to the existence or scope of the defendant's obligation from January 4, 2018 to December 21, 2018 under the Commercial Act, and 6% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is established from the next day to the date of completion of the construction work for the plaintiff (60,50,000 won - 51,295,000 won - 51,295,000 won) and the following day after the completion of the construction work for the plaintiff.