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1. The Plaintiff:
A. The defendant shall either receive KRW 43,108,372 from the plaintiff or enter it in the separate sheet.
Reasons
1. Basic facts
A. On February 25, 201, the Plaintiff, a corporation, the purpose of which is construction business, etc., was designated and awarded a contract on February 25, 201 as the construction cost of the new construction of the Ctel located in Busan Seo-gu B (hereinafter “instant building”) from the Defendant, for KRW 2 billion (including value-added tax and household replacement cost) and December 31, 201 as the scheduled completion date of construction works.
(hereinafter the above construction work refers to the instant construction work, and the construction contract entered into between the Plaintiff and the Defendant is referred to as the “instant construction contract”). B
In the instant construction contract, the Defendant paid 60% of the construction price to the Plaintiff before completion, and the remainder 40% after completion shall be paid by the Defendant with the security deposit for the instant building, and where delay in payment of the said construction price, the Defendant paid damages for delay equivalent to 1/1000 of the payment per day.
C. On January 14, 2012, the Plaintiff and the Defendant extended the time limit for completion of the instant construction work on February 28, 2012, and concluded an amendment agreement including the cost of additional construction work instead of the said cost of construction work (excluding value-added tax).
(hereinafter “instant modified contract”). D.
The Plaintiff obtained approval for the use of the instant building on February 23, 2012, and around that time, completed the instant construction and delivered the instant building to the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. The assertion and judgment
A. (1) The Plaintiff completed the instant construction project in accordance with the instant construction contract, the construction cost of which is KRW 2 billion (excluding value-added tax) and delivered the instant building to the Defendant, as seen earlier. In full view of the respective entries and arguments set forth in Gap evidence Nos. 1 through 7, 9, and 10, and Eul evidence Nos. 14 (including branch numbers; hereinafter the same shall apply) and all the arguments, the parties concerned.