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1. The Defendant: (a) KRW 100,210,000 for the Plaintiff and KRW 6% per annum from October 31, 2013 to October 22, 2015.
Reasons
1. Basic facts
A. A. On March 30, 2009, a corporation Hosung Comprehensive Construction Co., Ltd., the purpose of which is to engage in the work of civil engineering and construction (hereinafter “Ssung Comprehensive Construction”) entered into a contract with the Defendant on the terms that the construction cost is KRW 23,718,800,000 for construction cost, and the construction period is the period from April 6, 2009 to August 5, 2012. The construction period, among the terms and conditions of the said contract, was extended to June 30, 2013.
B. On March 23, 2012, the Plaintiff, a juristic person, the purpose of which is soil construction business, entered into a contract with Hosung General Construction Division, the construction cost of soil construction work, KRW 724,240,00 from March 23, 2012, and the construction period from March 23, 2012 to July 30, 2012, and the construction period to be subcontracted and performed. After that, the construction cost of the said subcontract was KRW 987,580,00 among the contents of the said subcontract, and the construction period was increased and extended by June 30, 2013.
C. On March 23, 2012, the Plaintiff, the Defendant, and the Defendant agreed to pay the subcontract price directly to the Plaintiff, the subcontractor, based on the Framework Act on the Construction Industry, the Fair Transactions in Subcontracting Act, etc. (hereinafter “instant agreement”). D.
Although the Plaintiff completed the subcontracted project on October 30, 2013, the Plaintiff received only KRW 887,370,000 as the subcontract price.
【Fact- without dispute over the ground for recognition】 The evidence Nos. 1 through 4, Gap evidence No. 7-1 through 3, Eul evidence No. 1, and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of claim, the defendant shall pay to the plaintiff 100,210,000 won (987,580,000 won - 887,370,000 won) in accordance with the instant agreement, barring any special circumstance, 6% per annum as prescribed by the Commercial Act from October 31, 2013 to October 22, 2015, the delivery date of a copy of the instant complaint, from October 22, 2015, and complete payment from the following day.