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1. The Defendant’s KRW 48,879,958 for the Plaintiff and 6% per annum from May 14, 2019 to December 10, 2020 for the Plaintiff.
Reasons
1. Basic facts
A. On April 20, 2018, the Plaintiff: (a) contracted to install air conditioners and air conditioners with the name of “C”; and (b) executed the instant construction work by concluding a contract with the Defendant for the air conditioners and the supply and installation work of landfill joints (hereinafter “instant construction”).
B. From April 20, 2018 to June 30, 2019, the instant construction project set the construction period as the construction period, the total construction cost of KRW 206,710,00 (excluding value-added tax) was set at KRW 206,710,00. During construction, the Plaintiff even performed some additional construction at the Defendant’s request, but the Plaintiff suspended the instant construction around January 2019.
C. The construction cost that the Defendant paid to the Plaintiff in relation to the instant construction project is KRW 185,920,000.
(The amount adjusted without a final dispute between the parties by reflecting the amount of KRW 14,30,00,000,000 paid by the Defendant to the Dispute Resolution E, including the amount of KRW 30,000,000,000,000,000,000 to be borne by the Defendant)
2. Assertion and determination
A. The performance rate of the Plaintiff’s alleged construction work of this case is 87.74%, and this part of the construction work is 199,504,089 won including value-added tax (hereinafter the same shall apply) and the additional construction cost paid by the Plaintiff is 7,700,000 won including value-added tax. Thus, the Plaintiff’s additional construction cost is 185,920,000 won, which is the construction cost paid by the Defendant, deducted from this money, the construction cost to be paid by the Defendant to the Plaintiff is 90,584,089 won and damages for delay.
B. The Defendant’s assertion that the construction cost is KRW 160,189,914, including value-added tax, and the additional construction cost is KRW 35,295,869, including value-added tax, and the additional construction cost is KRW 35,295,869, and the construction cost payable to the Plaintiff is merely KRW 9,565,783.
C. The key issue in the instant case is how much the progress ratio of the Plaintiff’s construction and how much the Plaintiff’s additional construction cost is recognized.