1. The Defendant’s KRW 60,173,275 as well as the annual rate of KRW 5% from July 13, 2018 to February 18, 2020, and the following day.

Basic Facts

On May 7, 2017, the Plaintiff was awarded a contract from the Defendant for the construction of a four-story neighborhood living facility (hereinafter “instant construction”).

The Plaintiff completed the instant construction and delivered the building to the Defendant.

[Reasons for Recognition] Facts without dispute, the Plaintiff’s assertion of the purport of the entire pleadings between the Defendant and the Defendant as to the construction cost of this case shall be set at KRW 462,192,00, and the amount of design, supervision, admission, and value added tax shall be separately paid by the Defendant to the constructor except from the construction cost.

The Plaintiff spent KRW 245,279,925 for the instant construction cost. During the instant construction work, the Plaintiff was obligated to pay the Plaintiff the interest, value-added tax, supervision expenses, construction and telecommunications inspection expenses, etc. to be paid by the Defendant later with the Defendant, and pay them for KRW 92,96,238,00,000. Thus, if the Defendant excluded KRW 194,050,000 from the total sum, the Defendant is obligated to pay the Plaintiff 144,196,163 (=245,279,925 won - 92,966,238 won - 194,050,000) and damages for delay.

The Defendant paid to the Plaintiff at least KRW 318,50,00 as the instant construction cost, KRW 364,00,000, and KRW 364,000 as the final settlement of accounts by the Plaintiff. According to the second settlement of accounts of evidence No. 1-2, the total construction cost is KRW 382,803,925.

The Defendant paid the Plaintiff the construction cost of KRW 289,60,560 (i.e., account transfer of KRW 214,397,700) to the Plaintiff, and paid the payment of KRW 75,203,860 by means of a card. The Defendant paid KRW 2,269,90 on behalf of the Plaintiff employees.

In addition, since the defendant paid the construction cost of KRW 99,825,00 to the individual constructor (=the construction cost of KRW 91,925,00 for the personal premium of KRW 7,900 for the personal premium of KRW 91,925,00), there is no payment for the construction cost.

Even if there are the unpaid construction cost.