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1. The Defendant’s KRW 50,050,788 as well as the Plaintiff’s annual rate of 6% from September 21, 2012 to September 26, 2014.
Reasons
1. Basic facts
A. On October 13, 2011, the Plaintiff entered into a contract for construction works with the Defendant for the construction work of KRW 445 million (including value-added tax) and the construction period from October 17, 201 to January 30, 2012, on the ground (hereinafter “instant construction work”) on the land outside B and one parcel (hereinafter “instant construction work”).
(hereinafter “instant contract”). (b)
The Plaintiff continued construction without completion by the deadline of the construction. In that process, the Plaintiff and the Defendant agreed on the increased additional construction cost due to the Plaintiff’s addition or modification of the part of the previous construction cost (including value added tax) at KRW 15.4 million on March 27, 2012.
C. On July 5, 2012, the building newly constructed through the instant construction (hereinafter “new building”) was approved for use on July 5, 2012.
The Defendant paid to the Plaintiff KRW 32.5 million in total, including KRW 10 million on October 18, 201, KRW 10 million, KRW 110 million on December 9, 201, KRW 50 million on February 17, 2012, KRW 32.5 million on February 20, 201, and KRW 2.5 million on February 20, 2012.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. Whether the defendant is liable to pay the construction price
A. The Plaintiff’s assertion 1) The Plaintiff’s assertion conducted all the remaining construction works except for the Defendant’s partial completion among the instant construction works. As a result, approval for the use of the instant new building was granted, and the Plaintiff and the Defendant agreed to KRW 15,40,00,000,00 for the additional construction costs. Moreover, the construction cost of KRW 35,377,936 was additionally incurred due to frequent demand for change of additional construction costs and construction materials by the Defendant during the instant construction process. Therefore, the Defendant paid the Plaintiff the total construction cost of KRW 496,277,936 (= KRW 496,277,936 for the additional construction cost of KRW 45,50,000,00 for the total construction cost of KRW 35,477,936 for the additional construction cost of KRW 15,540,00 for the original contract) (= the construction cost of KRW