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1. The Defendant’s KRW 23,468,834 as well as its 5% per annum from January 24, 2019 to February 14, 2020 to the Plaintiff.
Reasons
1. Basic facts
A. A. On April 2017, C Co., Ltd. (hereinafter “C”) requested the Plaintiff to perform the instant construction work (hereinafter “C”), and the Plaintiff, who was not under circumstances, introduced the instant construction work to the Defendant.
B. The Defendant was able to carry out the instant construction work in KRW 253,937,423 (Additional Tax). The Defendant, when entering into a contract with C on the instant construction work, paid the amount calculated by subtracting the above KRW 253,937,423 from the contract amount (Additional Tax) as the introduction fee to the Plaintiff.
C. On May 15, 2017, the Defendant entered into a contract with C on the terms of KRW 278,000,000 for the instant construction work (excluding surtax).
On May 19, 2017, the Defendant paid KRW 3 million to the Plaintiff.
[Ground of recognition] Evidence No. 1-1, 2, Gap evidence No. 2, 3, 4, Eul evidence No. 3-1, and the purport of the whole pleadings
2. Determination:
A. According to the above facts, the defendant is obligated to pay to the plaintiff the amount calculated by deducting the construction cost of KRW 253,937,423 as offered by the defendant from the amount calculated by deducting the construction cost of KRW 253,937,423 as the contract amount between the defendant and C (excluding additional tax) as the job placement fee.
B. The defendant asserts that there is no money to be paid to the plaintiff since the construction price of the instant construction project was reduced to KRW 258,200,000 between C and C.
According to the evidence No. 3-3 (Change of Construction Work) of Eul, it is stated that the defendant and C agreed to reduce the construction cost from 278,000,000 to 258,200,000 won on February 26, 2018.
The amount of the introduction fee under the above-mentioned contract between the plaintiff and the defendant shall be determined on the basis of the first contract amount between the defendant and C, and there was an agreement between the defendant and C on the reduction of the construction price as the same content as the contract for
Even if such circumstances affect the amount of the introduction fee already determined.