beta
Text
1. The Defendant’s KRW 27,131,743 as well as the Plaintiff’s annual rate of KRW 6% from November 4, 2015 to August 11, 2016.
Reasons
1. The following facts do not conflict between the Parties:
The plaintiff is a stock company with the purpose of construction business, and the defendant is a stock company with the purpose of housing construction business.
B. On June 2013, the Plaintiff entered into a subcontract for the extension of professional engineers of the B High School that the Defendant and the Defendant contracted from Geum River Basic Construction Co., Ltd., and completed the construction work.
C. Around October 2013, the Plaintiff entered into an additional construction agreement with the Defendant on the construction of access roads and the storage of natural rocks (hereinafter “instant additional construction”).
(A) The amount of additional construction works is one of the main issues in this case).
The Plaintiff received KRW 43,000,000 from the Defendant as additional construction cost.
2. The plaintiff's assertion
A. The instant additional construction cost was KRW 77,495,574, and was paid KRW 43,000,000 by the Defendant.
B. At the Defendant’s request, the Plaintiff spent KRW 3,00,000,000, and the access road packing construction cost of KRW 3,000,00, and the civil engineering design cost of KRW 6,600,000.
C. Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 47,095,574 (=the amount of additional construction KRW 77,495,574 - the amount of KRW 43,000,000, the amount of KRW 3,000,000, the amount of KRW 3,000,000, the amount of the civil engineering design cost of KRW 6,60,000, and damages for delay.)
3. Of note, the developments leading up to the reorganization of the issues of the instant case refer to the order to prepare for clarification dated May 13, 2016 of this Court.
A. 1) The parties’ claim on the unpaid construction cost. (1) The plaintiff asserted that the net construction cost agreed with the defendant is KRW 63,756,130, and since the net construction cost agreed with the defendant is KRW 2,442,732 (=63,756,130 x 3.8%) general management cost and other expenses (i.e., 63,756,130 x 6.74%) 7,045,052 (i.e., 63,756,130 x 6.74 x 6.74 %) value-added tax 7,045,052 x (((63,756,130 2,442,42,271,660 x 10 %)