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1. The Defendant shall pay to the Plaintiff KRW 93,413,659 and interest rate of KRW 15% per annum from July 24, 2018 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On May 12, 2018, C Co., Ltd. (hereinafter “Defendant”) entered into a construction agreement with the Plaintiff on May 12, 2018 (hereinafter “instant first construction agreement”) stipulating that the construction cost shall be KRW 100,897,685 (the first construction cost plus KRW 93,224,742), the construction cost shall be KRW 7,672,943), and the construction period shall be determined from February 5, 2018 to May 8, 2018 (a contract that revises the contents of the original construction agreement). The tax invoice was issued by the Defendant to pay the Plaintiff at the time of final settlement.
At the time, the defendant requested that the plaintiff rent 1,266,030 won (including 7,672,943 won x 1.1 x less than 0.15,00 won x less than 10 won) as 15% contract bond of 1,266,030 won for the additional construction money to be paid by the defendant to the plaintiff as the principal contractor at the time, and that it will be paid together with the construction price of this case. On May 14, 2018, the plaintiff paid the above contract bond of 1,26,030 won at the time of the proposal.
The Plaintiff completed the instant construction project around May 2018.
B. On March 8, 2018, the Defendant entered into a construction contract with the Plaintiff to subcontract the E-Relocation and Installation Work (hereinafter “instant 2”) with the construction cost of KRW 123,781,979, and the construction period from February 22, 2018 to April 22, 2018, and agreed to pay the amount of tax to the Plaintiff at the time of the final settlement of the tax amount.
The Plaintiff completed the instant construction project around May 2018.
C. On June 5, 2018, the Defendant paid to the Plaintiff KRW 60,00,000 as the construction cost of the instant case, and KRW 70,00,000 as the construction cost of the instant secondary construction cost of the instant case, and KRW 20,000,00 on June 7, 2018, and KRW 20,000 on June 8, 2018, and KRW 5,000,00 on June 12, 2018, respectively.
On June 5, 2018 and February 12, 2019, the Plaintiff: (a) total of KRW 110,987,453 for the instant construction project for the Defendant [10,897,685 won for the instant construction project] x 1.1 (including value-added tax).