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1. The Defendant shall pay to the Plaintiff KRW 73,60,000 and the interest rate of KRW 15% per annum from November 25, 2016 to the date of full payment.
Reasons
1. Basic facts
A. C and the Defendant, the actual operator of the Plaintiff Company, were lodging houses and the Defendant. On April 25, 2016, the Plaintiff entered into a contract with the Defendant to perform the construction work of neighborhood living facilities on the ground D in Jinju-si (hereinafter “instant construction work”) by being awarded a contract with the Defendant for construction cost of KRW 462,00,000 (including additional tax) (hereinafter “instant contract”).
B. Around August 2016, the Plaintiff prepared a modified contract with the Defendant to change the construction cost of the instant contract from KRW 462,00,000 to KRW 411,400,000 (hereinafter “instant modified contract”) and a contract signed between the Plaintiff and the Defendant that he/she was awarded a contract for water supply and drainage facilities installation works of the instant contract from the Defendant (including value-added tax).
C. The Plaintiff, upon the Defendant’s request, added or changed part of the instant construction work, and completed the said construction work on or around September 2016, and the Defendant paid KRW 41,400,000 to the Plaintiff as construction cost between May 3, 2016 and October 7, 2016.
Around October 2016, the Plaintiff and the Defendant did not reach an agreement with respect to the existence of the instant remainder of construction work, and C, the Defendant’s husband E and Nonparty F subcontracted part of the instant construction work by the Plaintiff to Nonparty F shall determine the remainder of construction work amount to KRW 73,60,000, and the Plaintiff shall pay KRW 50,600,000 among them to C, and KRW 23,00,000,000 among them shall be paid to F.
(hereinafter “this case’s settlement agreement”). 【The ground for recognition” has no dispute, entry in Gap’s Evidence Nos. 1, 2, and 3 (including each available parcel number), witness F’s testimony, and the purport of the whole pleadings.
2. The parties' assertion
A. At the time of the instant settlement agreement, the Plaintiff and the Defendant settled the accounts at KRW 50,60,000, borrowed amount of KRW 3,000,000, and additional construction cost of KRW 20,000,000, and paid to the Plaintiff at KRW 73,60,000.