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1. The Defendant’s KRW 29,134,641 to the Plaintiff and KRW 5% per annum from January 18, 2017 to September 27, 2017.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff was awarded a contract with the Defendant for the blasting construction work in the course of installing solar power generation facilities. 2) The Defendant is the owner of Jinandong-gun C, Jinandong-gun, Seoul, and 27,447 square meters (hereinafter “instant land”). The Defendant awarded a contract for the part of the blasting construction work to the Plaintiff while installing solar power generation facilities with D on the instant land.
B. On or around July 2015, the Plaintiff entered into a contract with the Defendant for the instant construction project with respect to the blasting construction works during the installation of solar power generation facilities on the ground of the instant land (hereinafter “instant primary contract”) with the content that the contract amount is determined as KRW 2,300 per 1 cubic meter (excluding value-added tax) (hereinafter “instant primary contract”).
(A) In entering into a blasting contract (No. 1, No. 1, No. 1, 2, hereinafter referred to as “instant primary contract”).
2) Of the contents of the instant primary contract, the matters pertaining to the issues of the instant case are as follows.
(1) The construction cost completed shall be paid once a month, and shall be paid in cash at the end of the following month after the end of each month.
(2) The blasting quantity shall be based on the commercial transport.
3) On July 6, 2015, the Plaintiff obtained permission from the competent police station for the use of 20,000 g explosives, and 20,000 detonating caps from July 6, 2015 to December 31, 2015, for the blasting construction from July 2015, after changing the contract amount of the first contract between the Defendant and the Defendant on August 1, 2015, to KRW 2,100 per cubic meter, the Plaintiff paid the construction price to E within two days after receiving the permission for the use of 20,000 g, and 20,000 detonating caps from the Defendant’s name.
5) The Plaintiff’s KRW 102,560,941 (excluding value-added tax) from July 2015 to December 2015.