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1. The Defendant’s KRW 211,344,356 for the Plaintiff and KRW 6% per annum from August 17, 2016 to April 20, 2018.
Reasons
1. Facts of recognition;
A. The prime contract between the Defendant and C is 1) C (hereinafter “C”).
A) Between the Defendant around October 2012, 2012, C C C (hereinafter referred to as “instant factory”) located in the Defendant, Jincheon-gun, Jincheon-gun, Chungcheongnam-do, and two parcels.
(2) The Plaintiff and the Defendant entered into a contract on November 1, 2012 under which the part of the installation work of the instant plant (hereinafter referred to as the “instant subcontract”) of the instant plant was subcontracted to the Plaintiff (hereinafter referred to as the “instant plant installation work”). As seen below, the contract amount of the part of the installation work of the Plaintiff’s sewaged from the Defendant is KRW 638,942,249. (B) The Plaintiff and the Defendant entered into a subcontract between the Plaintiff and the Defendant on November 1, 2012. The part of the installation work of the instant plant (hereinafter referred to as the “instant plant installation work”) among the said renovation work of the instant plant is subcontracted to the Plaintiff (hereinafter referred to as the “instant subcontract”).
A) The instant subcontract entered into a contract. The contract amount of KRW 570,00,00 (excluding value-added tax) and the construction period from November 1, 2012 to February 28, 2013, and the Plaintiff and the Defendant agreed on the method of calculating indirect costs and expenses set forth in a written estimate (Evidence A No. 2). 2) The Plaintiff and the Defendant changed the construction period of the instant subcontract from February 27, 2013 to April 15, 2013.
3) The instant subcontract contains, at the time of the modification of a design, the following contents with respect to the modification of the contract price. The standard subcontract agreement for the construction business (basic, modified)
6. Payment of the price;
(c) Price adjustment and payment due to design change, economic redemption change, etc. (1) price adjustment and payment (2) within 15 days from the date of receipt by the ordering person in accordance with its contents and proportion (30) days from the date of receipt by the ordering person. (2) Under Article 14-2 (Change of Contract Price due to Modification of Design), A (referring to the defendant; hereinafter the same shall apply) shall change the design from the ordering person.