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1. The Defendant’s KRW 17,900,000 for the Plaintiff and 5% per annum from October 24, 2014 to October 15, 2015.
Reasons
Basic Facts
A. The Defendant awarded a contract to C for the instant construction work for neighborhood living facilities and expansion of housing (hereinafter “instant construction”) in the Jeju-si, for the construction cost of KRW 250,00,000,000, and leased the first floor neighborhood living facilities of the building newly constructed by the instant construction (hereinafter “instant building”) in the deposit amount of KRW 50,000,000, and the said deposit and reappointment fee of KRW 100,000,000.
B. After that, on November 10, 2013, the Defendant entered into a contract with the Plaintiff for the construction period from November 10, 2013 to May 20, 2014; the construction cost of KRW 220,000,000 (hereinafter “instant contract”); and paid the Plaintiff KRW 70,000,000 as the construction price.
C. The Plaintiff completed the instant construction, and obtained approval for the use of the instant building on September 23, 2014.
[Ground for recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, Eul evidence Nos. 1, 2, and 3 (including provisional number; hereinafter the same shall apply) and the plaintiff's judgment as to the ground for a claim for the whole pleadings as to the ground for a claim for the purport of the whole pleadings are as seen earlier, and the plaintiff completed the building of this case and delivered the building of this case to the defendant under the contract of this case. Thus, the plaintiff is a person who has received a payment of KRW 109,50,000 from the defendant as the contract price. Thus, barring special circumstances, the defendant is liable to pay the plaintiff the accrued construction price of KRW 10,50,000 (=220,000 - 109,
(1) The Plaintiff’s claim is based on the Plaintiff’s claim, as it did not reduce the purport of the claim, although the Plaintiff was a person who received additional construction cost from the Defendant in the preparatory document dated June 9, 2015. Determination as to the Defendant’s claim
A. Prior to the instant contract, the Defendant decided to offset C with the construction cost the sum of KRW 100,000,000, including the rent and deposit for the instant building, in accordance with the contract with C, and paid KRW 85,00,000 to C as the construction cost.