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1. The Defendant’s KRW 165,334,656 as well as the Plaintiff’s annual rate of 6% from August 1, 2017 to October 24, 2018, and the following.
Reasons
1. Basic facts
A. On June 2015, the Defendant entered into a contract with C Co., Ltd and D Co., Ltd. (hereinafter “C”) for the construction of a new living facility in the E district (hereinafter “instant construction”) with respect to the contract amount of KRW 4,784,659,00, and the construction period from June 20, 2015 to March 31, 2016.
B. C and D, around July 2015, constitute a joint supply and demand organization with the investment ratio of 9:1 in relation to the instant construction project, and C and D, as a representative of the joint supply and demand organization, prepares a standard form of a joint supply and demand agreement with the purport that they have the authority to manage the property and claim for payment.
C. Around September 2015, the Defendant, C, and D respectively entered into a modified contract with the content that the construction amount would be increased by KRW 200 million (hereinafter “the first modified contract”), and a modified contract with the content that the construction period would be extended by April 30, 2016 (hereinafter “the second modified contract”).
After completion of the instant construction, C and D obtained approval for use of the building newly built on May 18, 2016 (hereinafter “instant building”).
E. On June 15, 2016, the Defendant, C, and D concluded a contract to modify the terms of construction period to include KRW 5,224,659,000 (including surtax) by May 18, 2016, on the ground that “a change in the amount of completed construction due to design modification” was “a change in the amount of completed construction due to design modification.”
(2) The Defendant paid KRW 4,724,659,00 in total to C and D as construction cost under the instant contract by June 24, 2016.
G. On June 22, 2016, the Defendant agreed to withhold payment of KRW 500 million among the construction price between C and C, and to pay it in installments according to the degree of defect repair progress of the instant building.
H. On October 24, 2016, the Defendant paid KRW 100 million out of the construction cost withheld to C.