beta
Text
1. The Defendant’s KRW 42,118,083 as well as the Plaintiff’s KRW 5% per annum from November 10, 2015 to April 14, 2017.
Reasons
1. The following facts can be acknowledged in full view of the following facts: Gap evidence No. 7, Eul evidence No. 1, Eul evidence No. 2, Eul evidence No. 3-1, and Eul evidence No. 3-2, and the whole purport of the pleadings:
In May 2015, the Plaintiff entered into a contract with the Defendant for construction work (hereinafter “instant construction work”) of the container container (hereinafter “instant container”) on the B’s land at the time of Pakistan (hereinafter “instant container”) at KRW 48,00,000 for construction cost.
B. On May 28, 2015, the Plaintiff and the Defendant agreed to include “the floor floor(s) floor(s), typology(s), fishing learning(2ea), and yke in the instant construction work, and agreed to additionally construct internal organs, electric power lines construction, boilers, and twits construction.
C. On May 28, 2015, the Defendant paid the Plaintiff KRW 9,600,000,000 as construction price, and KRW 20,000,000 on September 8, 2015, and KRW 10,00,000 on November 3, 2015, respectively.
2. The assertion and judgment
A. The Plaintiff asserted that the completion date of the construction was completed by November 2015, and the Defendant unilaterally suspended the construction without completion by the Plaintiff.
According to the records of Gap evidence No. 6, the plaintiff can recognize the fact that the plaintiff demanded the payment of the construction price to the defendant on November 10, 2015. The above facts can be found in full view of the overall purport of arguments in Gap evidence No. 7 and Eul evidence No. 4. In other words, the defendant asserted that the plaintiff's above construction cost claim was caused by boiler rooms and warehouses, non-construction of "fishing", non-construction of "fishing", corrosion caused by non-standing on the upper board, corrosion caused by rainwater, rain, and water leakage, but in light of the facts stated in Gap evidence No. 7, it is recognized as included in the scope of the construction work only by the statement of evidence No. 1.