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1. As for Defendant deemed Construction Co., Ltd, Defendant 32,260,000 won and its related amount from October 4, 2014 to September 30, 2015.
Reasons
1. Basic facts
A. A. Around November 2013, Defendant Farmers Co., Ltd. (hereinafter “Defendant Farmers Co., Ltd”) concluded a contract for the construction of three houses with six households located B (103, 104, 105, Dong 105, Dong 105, Dong 103, Dong 103, Dong 104, Dong 105, Dong 105, Dong 100,000 for each building (hereinafter “instant construction”).
B. Around March 2014, Defendant Bos Construction subcontracted to the Plaintiff the 103 Dong, 104 Dong, and 105 Dong 6 households (hereinafter “instant landscaping construction”) with the construction cost of KRW 45 million (15 million per Dong).
C. From March 14, 2014 to April 21, 2014, the Plaintiff continued construction works equivalent to KRW 42,775,00 among the landscaping works in this case, and continued to be left behind part of the landscaping construction works in 103 Dong 103.
In addition to the instant landscaping construction work between March 25, 2014 and April 21, 2014, the Plaintiff performed construction works worth KRW 5,985,000 in total, including the reconstruction of boundary fences of 105 Dong 106, 106, 106, 102 Dong and Dong 103, and the storage work of fences between Dong 103 (hereinafter “instant additional construction”).
E. Regarding the instant landscaping construction, Defendant deemed construction paid KRW 4 million on April 1, 2014 to the Plaintiff, and Defendant Farmers distributed KRW 10 million on June 10, 2014, respectively.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-6, 8, 10-19, Eul evidence Nos. 1 and 3, Eul evidence Nos. 1 and 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination
A. According to the facts of determination as to the Plaintiff’s claim for the construction of Yis Construction, the Defendant Yis Construction Co., Ltd., obtained KRW 42,775,00 from the instant landscaping construction cost and KRW 16,50,00 from the additional construction cost of KRW 5,985,00,00 from the Plaintiff (= KRW 12,50,000), and KRW 3,2260,00 (= KRW 42,75,000) from which the Plaintiff was paid (= KRW 5,985,00) and the instant final decision thereon.