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1. The Defendant’s KRW 84,002,097 as well as 5% per annum from August 11, 2016 to April 12, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 11, 2015, the Plaintiff was awarded a contract with the Defendant during the construction period of KRW 2,300,000,000 for the new construction of a low temperature freezing warehouse located in 879, Shin Chang-gun, Chang-gun, North Chang-gun (Additional Tax) and the construction period from October 20, 2015 to January 31, 2016.
B. On November 6, 2015, the Plaintiff purchased an employment insurance policy and industrial accident insurance policy with the amount of KRW 2,09,909,090 out of the construction cost for the said construction project, and the amount recognized as the Defendant’s obligation to pay out of each insurance premium is KRW 24,265,483.
C. On February 3, 2016, the Plaintiff and the Defendant concluded a contract with the Plaintiff on the modification of the content that the Plaintiff performed as of September 21, 2015 from September 21, 2015 to March 31, 2016 (hereinafter referred to as the “instant construction contract”) with a total of KRW 1,223,30,000 (i.e., a structural construction project, such as a structural construction project, a drainage project, and a low temperature air conditioners project (i.e., a drainage project).
The Plaintiff agreed to settle down at the Defendant’s request and carried out miscellaneous construction work around the warehouse of this case (except for packing work) with the cost of KRW 23,590,000.
E. By March 2016, the Plaintiff completed the instant construction and completed the building.
F. From December 24, 2015 to May 4, 2016, the Plaintiff lent a total of KRW 185,731,066 to the Defendant by either paying in favor of the Defendant company or transferring money to the Defendant’s account.
C. The Defendant paid KRW 1,500,000,000 to the Plaintiff.
[Reasons for Recognition] Facts without a partial dispute, Gap's 2 through 16, 18, 19, Eul's 1 and 2 (including additional numbers), the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the Defendant, barring special circumstances, did not pay to the Plaintiff construction cost, etc. = KRW 84,002,097.