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1. The defendant shall pay 123,256,00 won to the plaintiff and 12% per annum from October 18, 2019 to the day of complete payment.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff entered into a construction contract with the Defendant, among the “D Main Complex Construction Works” awarded by Nonparty C, which was ordered by Nonparty C (hereinafter “D Construction Work”).
(2) As to the construction cost (including value-added tax) and the period of construction from October 1, 2017 to March 1, 2018, the Plaintiff entered into a subcontract with the Defendant for the 118,426,000 construction cost (including value-added tax) and the period of construction from October 1, 2017 to August 31, 2018.
B. The Plaintiff and the Defendant agreed to pay the Plaintiff KRW 13,827,00 (excluding value-added tax) to the Plaintiff as the construction cost when the Plaintiff, in relation to the instant FF construction, intends to additionally perform construction works, such as a visit mold, multi-use room, and bath room.
C. (1) The Plaintiff completed the instant D and F construction work including additional construction work. (2) The Plaintiff received from the Defendant the total of KRW 60,000,000,000 in relation to the instant D construction work, including KRW 30,000,000 on November 9, 2017, and KRW 12,000 on December 12, 2018, KRW 10,000,000 on January 4, 2018, and KRW 60,000,000 on February 10, 2018, and KRW 15,000,000 on March 26, 2018, KRW 40,000 on June 40, 2018, including KRW 50,0050,000 on the instant construction work.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11 (including branch numbers, if any) and the purport of the whole pleadings
2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the construction cost of KRW 123,256,00 [Article 118,426,621,00 won [Article 15,200 won [including value-added tax] - 60,000 won - 55,000,000 won] - 55,000,000 won] and damages for delay calculated at the rate of 12% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 18, 2019 to the date of full payment].
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