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1. The Defendant’s KRW 39,103,60, and the Plaintiff’s annual rate of KRW 5% from April 24, 2015 to July 20, 2015.
Reasons
1. Determination on the cause of the claim
A. According to the facts without dispute over recognition, Gap evidence Nos. 1 to 5, 7, 8, 13 to 21, Eul evidence No. 1, Gap evidence No. 22, and the purport of the whole pleadings, the following facts can be acknowledged:
(1) On March 10, 2015, the Defendant entered into a contract for construction works with the Plaintiff, setting the amount of KRW 15,430,000 (excluding value-added tax) and the construction period as of April 10, 2015, which entered into a subcontract with the Plaintiff, for the construction works contracted for the amount of KRW 50,00,000 to the third Deputy Director of the B Rest who entered into a contract with the Plaintiff for the payment of KRW 50,00,000.
However, Liol purchased a board equivalent to KRW 3,287,90 among construction materials, and on March 31, 2015, the Plaintiff sent a written estimate of KRW 16,176,600 (excluding value added tax) for the construction cost added to the Defendant’s additional construction cost, excluding the purchase cost of the board.
Accordingly, the amount of the construction cost was determined as KRW 16,973,00 (including value-added tax), and the plaintiff completed the said construction work.
(2) On April 10, 2015, the Plaintiff sent a written estimate of KRW 17,430,600 (including value-added tax) to the Defendant with respect to the Hawd Cowd Cowd Cowd Cowd Cowd Cowd Co., Ltd., and completed construction work on April 4, 2015, and was confirmed as completion of construction work on May 27, 2015.
(3) On April 3, 2015, the Plaintiff sent a written estimate of KRW 7,700,000 (including value-added tax) to the Defendant with respect to the construction work.
(4) On April 23, 2015, the Plaintiff: (a) completed the construction work; (b) paid the construction cost of KRW 40,000,000 to the Defendant; and (c) granted the payment of KRW 10,000,000 to the Defendant on the ground that “I would make the payment after the settlement of the expenses paid in the UN.”
(5) The Defendant did not raise any objection to the written estimate for each of the above construction works from the Plaintiff, and paid KRW 3,000,000 to the Plaintiff.
B. According to the above facts of recognition, the Plaintiff.