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1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 129,38,300 as well as to the day of full payment from January 19, 2013 to the day of full payment.
Reasons
1. Basic facts
A. On January 19, 2012, Defendant A Co., Ltd. (hereinafter referred to as “A”) received a contract from Defendant B, who operated Defendant B on January 19, 2012, by setting the construction cost of KRW 600 million (in the instant construction project, KRW 700 million); the construction period from January 19, 2012 to April 30, 2012, with respect to the construction work for D & D (hereinafter “instant construction project”).
(hereinafter “instant contract”). On April 17, 2012, the Plaintiff received a subcontract from Defendant A for the construction cost of KRW 126,50,000 (including value-added tax; hereinafter the same shall apply) and the construction period from April 11, 2012 to June 30, 2012 with respect to the said construction work for machinery and equipment (hereinafter “instant machinery and equipment construction”).
(hereinafter “instant subcontract”). (b)
The instant construction was completed in the middle of August 2012.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 7 evidence, Eul evidence 1, the purport of the whole pleadings
2. Claim against the defendant A;
A. 1) The fact that the plaintiff entered into and completed the subcontract of this case with the defendant A with the construction cost of KRW 126,50,000 is as seen above. In full view of Gap's statements as to Gap evidence Nos. 1 and 5 and the purport of the whole pleadings as to witness F's testimony, the plaintiff can be found to have performed additional construction work equivalent to KRW 27,888,300 after the defendant A's request. 2) According to the above facts of recognition, the defendant A is obligated to pay the plaintiff the total construction cost of KRW 154,38,300 (= KRW 126,50,000) (= KRW 27,88,300) with the plaintiff's payment of KRW 25,000,000, excluding the total construction cost of KRW 127,88,300.
3) The Plaintiff’s assertion is with merit. (b) Defendant A’s defense 1) asserted that Defendant A paid KRW 35,00,000 to the Plaintiff, but there is no evidence to acknowledge that Defendant A paid the construction cost exceeding KRW 25,00,000, which the Plaintiff was paid.
The defendant A's status.