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1. The Defendant’s KRW 33,00,000 and the Plaintiff’s annual rate of KRW 6% from June 11, 2016 to May 30, 2018, and the following.
Reasons
1. Basic facts
A. On April 21, 2016, the Plaintiff and the Defendant concluded a contract for the E-Family Construction Work in Seopo-si, Seopo-si (hereinafter “instant Construction Work”) and agreed to the construction cost of KRW 490,00,000 (Additional Tax).
B. The Plaintiff completed the instant construction by June 10, 2016, and the Defendant demanded a household change and an additional construction cost of KRW 101,000,000 (Additional Tax Table).
C. By December 6, 2016, the Defendant paid KRW 570,800,000 to the Plaintiff out of the instant construction cost.
Around March 7, 2017, the Plaintiff and the Defendant settled the instant construction cost of KRW 550,000,000, including additional construction work, as well as KRW 30,000 (Additional Tax separately). The Plaintiff filed a claim with the Defendant for the payment of KRW 30,00,00 (Additional Tax Separate Tax), but the Defendant did not pay the said amount by the date of closing argument of the instant case.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Since the Plaintiff’s assertion completed the instant construction, the Defendant shall pay the Plaintiff the construction cost of KRW 79,300,000 and the delay damages therefor.
3. Determination
A. (1) The fact that the Plaintiff completed the instant construction by June 10, 2016 and the total sum of the construction cost and the additional construction cost under the instant construction contract, including value-added tax, is value-added tax of KRW 591,00,000 [ value-added tax of KRW 59,100,000 ( KRW 490,000 ( KRW 101,000,000)] x 00,000 ( KRW 490,000 ( KRW 101,000,000) x 0.1] as seen earlier. The fact that the Defendant paid the Plaintiff the amount of the construction cost of KRW 570,80,000 to the Plaintiff does not conflict between the parties.
However, according to the above basic facts, the Plaintiff and the Defendant agreed to settle the construction cost of this case, including the Additional Construction around March 7, 2017, and to pay the unpaid construction cost of KRW 30,00,000 (excluding surtax).