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1. The Defendant: (a) KRW 20,015,908 to the Plaintiff and KRW 5% per annum from March 12, 2015 to January 27, 2016.
Reasons
1. Judgment on the plaintiff's claim
A. The Plaintiff entered into a contract with the Defendant and the Defendant on each of the above construction works, and entered into a contract with the Defendant to pay 81% of the amount calculated by deducting the industrial accident compensation insurance fee, stamp, etc. from the value of supply as the construction cost (hereinafter “instant contract”).
2) The Defendant performed each of the above construction works. The Plaintiff paid KRW 106,609,873 as indicated below with the Defendant’s account or the Defendant’s wife’s account, etc.
J3) The Defendant did not pay a total of KRW 20,015,908 for materials, construction cost, and equipment cost as indicated below in relation to each of the above projects. K LM NO 4) The Plaintiff paid 84,956,522 on behalf of the Defendant for the sum of the materials cost and labor cost related to each of the above projects as listed below.
P Qu RP VW Y AAB AC AE AE AE AE AGH NAE AE AE AG AI AJ AE AE AE AM AF AM AF APP [based on recognition] without dispute, each entry in Gap's 1 through 24 (including spot numbers, if any) and the purport of the entire pleadings, as a whole.
B. According to the above facts of determination, the Plaintiff bears the obligation to pay the Defendant the sum of KRW 185,313,349 as the construction cost of each of the above construction works. However, the Plaintiff paid KRW 106,609,873 directly to the Defendant. Since the Plaintiff paid KRW 84,956,52 to the Defendant as the direct material cost, labor cost, etc. regarding each of the above construction works in lieu of the payment of the construction cost, it shall be deemed that the obligation to pay the total amount of KRW 191,56,395 was all extinguished.
However, according to the above facts, the defendant did not pay 20,015,908 won, such as material costs, to K, etc. in violation of the contract of this case, thereby incurring damage equivalent to the same amount to the plaintiff.