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1. The Defendant’s KRW 121,950,00 for the Plaintiff and 6% per annum from February 26, 2018 to June 11, 2019, and the following.
Reasons
1. Amount of KRW 36,00,000 on June 20, 2016: (a) the contract date for the construction work (excluding each additional tax), the contract date for the construction work of KRW 1,60,00,000 on June 20, 2016; (b) the amount of KRW 36,00,000 on June 144, 2016; and (c) the amount of KRW 36,00,000 on December 10, 2016; (c) the amount of KRW 46,00,000 on December 36, 2016; and (d) the amount of KRW 594,00,000 on December 16, 2016;
A. As indicated in the table below, the Plaintiff and the Defendant entered into a construction contract with the Plaintiff (hereinafter “instant contract”) under which the Defendant agreed to contract the Plaintiff with the Plaintiff for the construction of a new house for the exclusive use of a lot of three lots of land outside Incheon po-gun, and the Plaintiff entered into each of the instant contracts (hereinafter “instant contract”).
B. The Plaintiff completed the construction work under each of the instant contracts, and received a total of KRW 470,250,000 from June 21, 2016 to November 21, 2017, and returned KRW 74,00,000 among them to the Defendant.
C. Upon the Plaintiff’s consent, the Defendant paid KRW 120,000,000 to H Co., Ltd., the subcontractor, and KRW 15,20,000 to I Company, respectively.
[Ground of recognition] Facts without dispute, Gap evidence 1-3, 4, Gap evidence 3 through 6 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence 2, 8 through 10, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts, the Defendant’s payment of KRW 121,950,00 for the construction cost under each of the instant contracts (=total contract amount of KRW 653,40,000 + KRW 59,400,000 (=additional tax of KRW 59,400,000) - refunded amount of KRW 470,250,000 for the fixed amount of KRW 740,000 - directly paid amount of KRW 135,20,000 for the subcontractor) and the following day after the completion of the construction, which is reasonable for the Plaintiff to dispute on the existence and scope of the Defendant’s obligation to perform from February 26, 2018, which is the delivery date of a copy of the complaint of this case, until June 1, 2019, and the next day from the day of this decision to the day of complete payment, etc. of the lawsuit.