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1. The Defendant’s KRW 180,075,873 as well as the Plaintiff’s annual rate of 5% from July 3, 2009 to June 16, 201.
Reasons
1. Basic facts
A. A. Around June 2008, the Defendant contracted the construction of a new fishery product processing plant on the land of 2550 m250 m2, Busan-gun, Busan-gun, for a factory site of 3-story (hereinafter “instant factory”). Youngnam-gun Co., Ltd completed only the construction of underground floor among the construction of the instant plant that was initially contracted as a matter of payment of the construction cost, and completed the construction on the site around September 30, 2008.
B. After that, on October 10, 2008, the Plaintiff received from the Defendant the remainder of the new construction work, including the part already executed by Yong-Nam&C among the new construction work, at KRW 1.7 billion (excluding value-added tax).
C. However, during the process of the instant plant construction project, the design change was made several times at the Defendant’s request. Accordingly, the Plaintiff rendered an additional construction on the design change matter (hereinafter “additional construction”) and the additional construction cost required KRW 188,770,794 (excluding value-added tax) for that additional construction cost.
On February 20, 2009, the Defendant obtained approval for the use of the instant factory from the head of the Busan Metropolitan City captain, and recognized as KRW 275 million for the underground construction portion, etc. of the construction (such as the construction portion, etc. of Yong-Nam S&C, different from the owner) in the construction.
(1) Paragraph (1). Accordingly, the actual contract amount between the Plaintiff and the Defendant in connection with the construction project shall be KRW 1.425 billion (Additional Value Map).
(2) Paragraph (2): Provided, That the agreed additional works shall be settled by April 20, 2009.
(3) On April 7, 2009, the Plaintiff agreed with the Defendant as follows with respect to the construction cost of the instant factory construction project, including the additional construction work:
(See Evidence A 7). (e)
Meanwhile, until April 2009, the Plaintiff continued the new construction of the instant factory. At that time, the Plaintiff completed all of the non-construction parts except for the partial non-construction parts, and from November 2008.