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1. As to KRW 25,00,000 and KRW 5,000 among them, the Defendant shall pay to the Plaintiff KRW 25,00,000 from January 1, 2015, and KRW 5,00,000 among them.
Reasons
1. The parties' assertion
A. On July 22, 2013, the Plaintiff concluded a construction contract with the Defendant for a construction project with the heading construction cost of KRW 49,974,100 (including additional taxes) among the large-scale repair works of the D Rest located in Seocheon-si (hereinafter “instant construction project”) and agreed to increase the construction cost to KRW 50,524,100 (including value-added tax) due to the occurrence of additional construction work in the construction process.
The Plaintiff completed the instant construction work on or around December 2013, and was not paid the construction cost by the Defendant. However, the Plaintiff’s employee E urged the Defendant to pay the payment, and the Defendant partially repaid KRW 10,000,000 on or around April 2014, and paid the remainder of the construction cost on or around October 2014, the Defendant completed the repair of defects claimed by the Defendant.
Afterward, the Plaintiff and the Defendant agreed to pay KRW 30,00,000 to the Plaintiff in six installments each month from November 1, 2014 to April 2015.
However, the defendant deposited only KRW 5,000,000 on November 1, 2014.
Therefore, since the settlement agreement between the plaintiff and the defendant was reversed as a violation of the defendant's promise, the defendant is obligated to pay to the plaintiff the remaining 35,524,100 won after deducting 15,00,000 won paid at the main construction and the additional construction cost (including value added tax) and the delay damages from January 1, 2014, which is after the completion date of construction.
B. On July 22, 2013, the Defendant received a written estimate from the Plaintiff to KRW 36,500,000 with respect to the instant construction project, and thereafter, the Plaintiff and the Defendant agreed to execute construction works at KRW 30,00,000 after consultation and coordination on the construction cost based on the said written estimate.
However, the plaintiff did not complete the construction until the end of August 2013 under the original contract.