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1. The Defendant’s KRW 64,367,00 for the Plaintiff and 6% per annum from April 30, 2016 to January 25, 2018.
Reasons
Basic Facts
A. The Plaintiff is a person engaged in reinforced concrete construction business, etc. under the trade name of “C”, and the Defendant is a person engaged in construction business, etc. under the trade name of “D”.
B. On July 1, 2015, the Defendant concluded a construction contract (hereinafter referred to as the “instant construction contract”) with the effect that the construction cost of reinforced concrete construction (hereinafter “instant construction”) was KRW 222 million for the construction cost, and the construction period was fixed from June 29, 2015 to August 31, 2015 for the construction period (hereinafter “instant construction contract”).
The provision on liquidated damages for delay in the construction contract of this case stated as “excluding Macheon-si and natural disasters”.
C. On August 20, 2015, the Defendant remitted the Plaintiff the construction price of KRW 35 million to the Plaintiff, ② KRW 25 million on August 26, 2015, ③ KRW 56 million on September 25, 2015, respectively.
In addition, with respect to the instant construction project instead of the Plaintiff, the Defendant paid the construction cost equivalent to the above amount to the Plaintiff by paying KRW 200,000 to the Plaintiff, ② food transportation cost of KRW 10,383,00, and KRW 850,000 to the Plaintiff.
[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 3, 5, and 6 (including a serial number), and the plaintiff's assertion as to the purport of the whole pleadings as to the purport of the whole pleadings, the plaintiff's assertion 1) the plaintiff, in addition to the defendant and the construction of the building of this case, ordered the plaintiff to perform the construction of reinforced concrete in the rooftop of the building of this case. The additional construction cost is KRW 14,720,00. The plaintiff completed the construction work under the above additional construction contract. (2) The plaintiff was additionally paid the construction cost of KRW 5 million from the defendant on November 17, 2015. The defendant paid the plaintiff the construction cost of KRW 25 million in lieu of the plaintiff.
3) Therefore, the Defendant’s additional construction cost of KRW 79,287,00,00 as the remainder of construction work (=the agreed construction cost of KRW 222,00,000 as the additional construction cost) to the Plaintiff.