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1. The defendant shall pay 31,805,000 won to the plaintiff and 20% per annum from August 7, 2012 to the day of complete payment.
Reasons
1. Basic facts
A. On January 2012, the Plaintiff concluded a written estimate of KRW 80,000 (excluding value-added tax) with the Defendant to accept the “B metal and glass works” (hereinafter “instant construction works”). Around that time, the Plaintiff and the Defendant concluded a construction contract (hereinafter “instant contract”) by setting the construction period based on the said written estimate and setting the construction period from January 28, 2012 to February 2012.
B. After that, the Plaintiff completed the instant construction until the end of February 2012. At that time, the Plaintiff and the Defendant confirmed that: (a) the increased construction amount was KRW 11,151,000; (b) the increased construction amount was KRW 4,012,00; and (c) the reduced construction amount was KRW 21,000; and (b) the construction amount was KRW 74,155,000 ( KRW 11,151,000; KRW 4,012,000; KRW 21,008,000).
C. The Defendant paid the Plaintiff the construction cost of KRW 42,350,000 according to the instant contract.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 12, the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s assertion (1) asserts that the Plaintiff is obligated to pay the remainder of the construction cost (74,805,000 won - 42,350,000 won) to the Plaintiff on February 2, 2012, since the Plaintiff settled the final construction cost of KRW 74,155,00 with the Defendant around the end of February, 201, and then received KRW 42,350,00 from the Defendant, the Defendant is obligated to pay the remainder of the construction cost of KRW 31,805,00 to the Plaintiff.
(2) On February 2, 2012, the Defendant asserted that the construction cost under the instant construction contract was KRW 74,155,000 between the Plaintiff and the Plaintiff, and finally, settled the construction cost at KRW 46,350,000, and thereafter, the Plaintiff incurred damages equivalent to KRW 4,000,000 due to the Plaintiff’s wrongful construction of the remaining panel advertising signboard without permission.