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1. The Defendant’s KRW 44,314,68 as well as the Plaintiff’s KRW 5% per annum from October 24, 2014 to November 2, 2016.
Reasons
1. Basic facts
A. On December 17, 2012, the Plaintiff and the Defendant concluded a contract for the installation of soil and soil facilities (hereinafter “instant construction contract”) with the Defendant’s basic construction works for the construction of detached houses on the land outside Seo-gu Busan, Seo-gu, Busan, for the construction of detached houses, the construction amount of KRW 339,00,000, and the construction period from November 1, 2012 to March 31, 2013.
B. The Defendant paid the Plaintiff the construction cost of KRW 150,000,000 on December 10, 2012, and KRW 100,000,000 on January 16, 2013, and KRW 80,00,000 on March 7, 2013. Of these, the Defendant paid KRW 30,000,000 on the additional construction cost (nonvibration crushing cost) incurred during the construction.
C. Around November 2012, the Defendant concluded a contract for construction of the said housing by setting the construction amount of KRW 990,00,000, and the construction period from November 1, 2012 to October 31, 2013. However, the Defendant waived the said construction in settling the construction amount of KRW 50,000,000 as of March 31, 2013, and the Defendant issued a public announcement for the selection of a new construction company on March 18, 2013 based on the construction execution design drawings prepared around March 2013.
E. On September 17, 2013, the Plaintiff finished the dismantling work of a family facility, and entirely removed the sn beamline invested in the family facility construction.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 13, 14, and 15, and the purport of the whole pleadings
2. The parties' assertion
A. Plaintiff 1) The Defendant filed a claim for the remainder of the construction work does not pay KRW 39 million out of the construction cost under the instant construction contract. In addition, the Defendant paid KRW 49,957,000 among them, but the Defendant paid KRW 30,000,000, as it paid KRW 30,000 among them, the remainder of KRW 19,957,000 should be additionally paid. 2) The construction statement attached to the Plaintiff and the Defendant at the time of entering into the instant contract, along with the construction statement attached to the Plaintiff and the Defendant at the time of entering into the instant contract, as of KRW 5,00,00.