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1. The Defendant’s KRW 95,614,550 for the Plaintiff and its related KRW 6% per annum from July 13, 2017 to December 7, 2018, and December 8, 2018.
Reasons
1. Basic facts
A. The Plaintiff is a person running the removal construction business under the trade name of “C”, and the Defendant is a company running the interior construction business, etc.
B. On December 14, 2015, the Korea Workers’ Compensation and Welfare Service ordered D Co., Ltd. (hereinafter “Nonindicted Company”) to improve the worn-out facilities of “F” in Seongbuk-gu, Sungwon-si (hereinafter “F”). Around January 19, 2016, the Company subcontracted the Defendant with the removal works, dismantling works, etc. during the entire construction of the instant case.
C. Around March 2016, the Plaintiff received re-subcontracts from the Defendant on the construction cost of KRW 170,000,000 (excluding value-added tax) and May 31, 2017.
Then, on July 13, 2016, the Plaintiff and the Defendant agreed to increase the construction amount of the removed construction in KRW 235,000 (excluding value-added tax: Provided, That the value of scrap metal generated from the removed construction in this case shall be deducted from the construction amount) and the construction amount shall be paid in installments according to the degree of the progress of the construction.
(hereinafter “instant removal construction contract”). D.
The Plaintiff commenced the removal work of this case on March 2016, but as the payment of the construction cost was delayed by the Defendant, the removal work of this case was suspended on January 2017.
E. The removal of the instant case had been resumed by another company on December 2017 and completed on March 2018.
[Ground of recognition] Facts without dispute, entry and video (including each number) of Gap evidence 1 through 10, the fact inquiry reply to the Labor Welfare Corporation of this court, the purport of the whole pleadings
2. Determination on the cause of the claim
A. When the contract for construction work is rescinded, the construction work has been considerably advanced at the time of the rescission, which causes significant social and economic loss and the completed part shall be the interest of the contractor.