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1. The Defendant: (a) KRW 37,200,000 for the Plaintiff and 5% per annum from April 22, 2016 to December 12, 2018; and (b) the Plaintiff.
Reasons
1. On September 2, 2015, the Plaintiff entered into a contract with the Defendant to enter into a contract with the term “instant construction contract” (hereinafter referred to as the “instant construction contract”) stipulating the construction cost of KRW 385,00,000 (including value-added tax) and the construction period as of January 12, 2016 among the new construction works in the head office of the 2nd bank of the Daegu Northern-gu Northern-gu Northern District A (hereinafter “instant construction works”), and completed the instant construction works thereafter.
[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading
2. Determination as to the claim for the payment of the construction price in this case
A. According to the above facts, barring special circumstances, the Defendant is obligated to pay the Plaintiff the remainder of KRW 37,200,000 calculated by deducting KRW 347,800,000,000 from the construction cost of this case, which the Plaintiff had already received at KRW 385,00,000 (=385,000,000 - 347,800,000), and damages for delay.
B. The defendant's assertion of repayment 1) The defendant deposited KRW 395,747,00 into the plaintiff's bank account, and paid KRW 20,747,00 in excess of the construction price of this case by directly paying KRW 20,00,00 to C, which is the plaintiff's subcontractor, with the plaintiff's consent. Thus, the plaintiff's obligation to pay the construction price of this case remains unpaid. 2) The plaintiff's receipt of KRW 415,747,00 in total as shown in the attached deposit statement from the defendant is not disputed between the parties, but there is no dispute between the parties, but only the evidence submitted by the defendant alone is insufficient to acknowledge that the payment of the construction price of this case was made in excess of KRW 347,80,00 in excess of KRW 347,80,00 in the above amount (=415,747,000 in - 347,800,000 in the above amount).
3) Rather, comprehensively taking account of the respective descriptions of Gap evidence 2, 4, and 7, evidence 3-1, 2, and evidence 5-1, 2, and evidence 6-2, Gap evidence 6-2, and the whole purport of the pleadings, the above KRW 4,147,00 out of the above KRW 67,947,00 shall be attached.