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1. The defendant shall pay 95,288,000 won to the plaintiff and 20% per annum from August 13, 2013 to the day of complete payment.
Reasons
1. Basic facts
A. On June 25, 2009, the Defendant ordered Ulleung-gun to “Ulleung-do Marine Resources Research Center construction work”, and on April 25, 2011, the Defendant subcontracted B (hereinafter “instant construction work”) among the above construction work to Nonparty C Co., Ltd. (hereinafter “C”) at KRW 517,00,000, and entered into a modified contract with the content that the construction work price shall be increased to KRW 745,712,000.
B. On April 201, the Plaintiff, the representative of D, entered into a contract with the E’s representative F to re-subcontract the instant construction work with C.
C. On August 20, 2012, a notarial deed (hereinafter “instant notarial deed”) was drawn up, and the written notarial deed was signed and sealed by C, the Plaintiff and F as joint and several sureties, respectively, and was submitted to the Defendant on the same day.
The name of a contract: B contract amount among the construction works of the Ulsan Metropolitan City Marine Resources Research Center: the contract period of KRW 1,053,712,000 (including value-added tax): From April 25, 2011 to September 10, 2012: the contract date: August 20, 2012.
After that, the Plaintiff completed the instant construction, and around December 6, 2012, issued a defect repair guarantee regarding the instant construction under C’s name and submitted it to the Defendant, and the said defect repair guarantee stated the amount of KRW 1,053,712,00 in the contract value as KRW 1,00.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 11 and Eul evidence 1, the purport of the whole pleadings
2. Summary of the parties’ assertion
A. The Plaintiff’s construction was suspended due to the aggravation of management conditions of C while the Plaintiff was running the instant construction project again subcontracted from C, and increased the construction cost by preparing the instant certificate with the Defendant, the principal contractor, on August 20, 2012. Moreover, the Plaintiff agreed to complete the instant construction project and pay the remainder of the construction cost directly to the Plaintiff. As such, the Defendant is obliged to pay the remainder of the construction cost unpaid to the Plaintiff.