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1. The Defendant: KRW 25,654,995 for the Plaintiff and KRW 6% per annum from October 2, 2015 to September 14, 2017; and
Reasons
1. Determination on the cause of the claim
A. The Plaintiff asserted that part of the construction work among the construction work for improving the outer walls of C High School in Gangdong-gu Seoul Metropolitan Government was subcontracted to the Defendant and completed the construction work. Under the above subcontract contract (hereinafter “instant contract”), the Plaintiff agreed to pay the increased construction cost for the additional construction cost according to the Defendant’s direction. Accordingly, the Plaintiff added the construction cost of KRW 40,345,236 to the additional construction work cost according to the Defendant’s direction.
Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 82,804,231 (=319,345,236 - 2365), excluding the Plaintiff’s already paid KRW 236,541,005 (=319,345,236 - 236,541,05) and damages for delay.
B. On March 15, 2015, the fact that the Plaintiff received a subcontract from the Defendant for the construction cost of KRW 279,000,000 from the supply price of the construction work (excluding the external heat) among the construction work for improving the outer walls of C High School from the Defendant and completed the construction work is no dispute between the parties.
Furthermore, in light of the Defendant’s order, as to whether the Plaintiff agreed to pay the increased construction price for the additional construction volume, and the purport of the entire pleadings as a result of appraiser D’s appraisal, in the instant contract, where the Defendant deems it necessary or the content of the construction is changed or added at the request of an appraiser D, a written contract for modification shall be delivered to the Plaintiff in advance. If it is necessary for the Plaintiff to increase or decrease the contract price, the Plaintiff shall make a decision in consultation with the Defendant (Article 14(1)), and the amount of the increased or decreased contract shall be subject to certain standards within the scope of the adjustment received by the ordering person (Article 14(2) and (3)), and the Defendant’s order as to the additional construction volume executed by the Plaintiff.