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1. The Defendant shall pay to the Plaintiff KRW 44,00,000 and the interest rate of KRW 15% per annum from September 30, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On February 1, 2016, the Plaintiff entered into a contract with the Defendant to subcontract air conditioners (hereinafter “instant construction”) among hotel conditioning construction works in order to determine the amount of 364,000,000 won (including value-added tax) of the construction cost. The said written estimate for the construction was calculated as the item of the “blosting string pipe” and the KRW 44,000,000 in the remarks column was decided to hold subsequent consultation (a separate agreement) in the remarks column.
B. During the instant construction work, the Defendant completed the construction work by being awarded a contract to the head of the burial string room with the head of the relevant place of business (hereinafter “the head of the relevant place of business”).
C. From February 5, 2016 to April 28, 2016, the Plaintiff paid a total of KRW 23,9520,000 to the Defendant.
[In February 5, 2016, KRW 44 million (a total of KRW 88 million shall be remitted to A, but that amount to KRW 44 million shall be remitted to A) on February 5, 2016, KRW 152 million on April 4, 2016, and KRW 43.52 million on April 28, 2016, respectively]
The plaintiff sought to pay only KRW 80,488,00 (360,000 of the total construction amount - 44,000,000 of the total construction amount - 23,9520,000 of the total construction amount) which deducts the total construction amount from the total construction amount. However, the defendant did not pay KRW 124,480,00 (360,000 of the total construction amount - 239,520,000 of the total construction amount) if the total construction amount is already deducted from the total construction amount.
E. On June 12, 2016, the Plaintiff prepared a written consent to the Defendant’s direct payment of the construction cost of KRW 122,448,000,000, and the Defendant was paid the said construction cost directly from the value of the relevant fish farm on June 15, 2016.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including branch numbers in the case of additional number), Eul evidence Nos. 1 and 2;