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1. The Defendant (Counterclaim Plaintiff) paid KRW 19,032,625 to the Plaintiff (Counterclaim Defendant) and its related amount from January 29, 2014 to January 30, 2015.
Reasons
1. Determination as to the main claim
A. The facts of recognition (1) After receiving a contract for the instant remodeling project (hereinafter “instant remodeling project”) from the Korea Buddhist Cho Jae-sik (hereinafter “K”) and concluded a contract with the Defendant on December 26, 2012, stipulating that the construction period of part of the instant construction project (hereinafter “first construction”) shall be from December 20, 2012 to May 31, 2013; the construction cost shall be KRW 450,000,000 (hereinafter “instant contract”).
(2) Around April 30, 2013, the Plaintiff completed the first construction. The Defendant paid to the Plaintiff a total of KRW 340,000,000,000 as the subcontracted construction cost, on March 12, 2013, and KRW 200,000,000,000.
[Reasons for Recognition]: Evidence Nos. 2-1 and 2-2, and the purport of the whole pleadings
B. Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the remainder of the subcontract price of KRW 110,000,000 (=450,000,000 - 340,000,000) and damages for delay.
(2) In addition, the Plaintiff refers to not only the first construction but also the second construction, excluding the first construction, among the instant construction works, by the Defendant.
In addition, the contract was entered into on December 26, 2012, with the first construction cost of KRW 450,000,000, and the second construction cost of KRW 220,000,000, and the second construction cost of KRW 220,000,00. In relation to the second construction, the Defendant promised to allow the Plaintiff to proceed with the second construction if the second construction is ordered by the shipbuilding company, which is the ordering agency, after the second construction work, and the Defendant promised to allow the Plaintiff to undertake the second construction work.
Then, the Defendant continued to undertake the second construction following the first construction. Accordingly, the Plaintiff completed all the first and second construction. Therefore, the Defendant completed the Plaintiff.