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1. The Defendant’s KRW 57,550,280 as well as the Plaintiff’s annual rate from June 6, 2019 to March 26, 2020, and the following.
Reasons
1. Basic facts
A. The Plaintiff entered into a subcontract with D Co., Ltd. (hereinafter “D”) on Saturdays among the new construction works of the Daegu-gu Officetel, Daegu-gu Officetel, and D cut off without permission while installing temporary materials during the said earth work.
B. On June 23, 2016, upon the Defendant’s request, the Plaintiff started to resume the remaining earth and sand work after D’s construction among the new construction works of officetels from around June 23, 2016 (hereinafter “instant remaining construction work”). At the time, the Plaintiff only removed and recovered the temporary materials installed by it, and did not remove the installed temporary materials installed by D.
C. On August 5, 2016, the Plaintiff entered into a subcontract (attached Form A 2) with respect to the foregoing construction work with the Defendant, which is the remainder of the instant construction project, as between the contract price of KRW 137,50,000 (including value-added tax) and the construction period from August 5, 2016 to September 20, 2016.
In addition, around August 10, 2016, the Plaintiff prepared a sales contract of KRW 233,124,30 for Ctel E with the Defendant, and paid KRW 23,312,430 for down payment, intermediate payment of KRW 116,562,150 for the sales contract of KRW 23,312,430 for Ctel E, and the remainder of KRW 93,249,720 is to be deducted from the construction payment of this case, and completed the registration of ownership transfer on June 5, 2019.
E. Meanwhile, the Plaintiff lent KRW 13,300,000 to the Defendant among the remaining Dos of this case.
F. On December 13, 2016, the Defendant entered into a subcontract with F to the contract amount of KRW 67,100,000 for household facilities removal works among new construction works, as well as the construction period from December 14, 2016 to February 20, 2017, and the Defendant paid the price in full upon completion of the said construction works.
G. The Defendant’s damages claim against D for delay arising from the delay in construction and the total amount of KRW 302,491,500,000,000, which the Plaintiff, who is the ordering person, sought against D as the result of the d new construction from the d new construction to the d new construction project, sought against D, and the indemnity for delay = 33,00,000.