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1. The Defendant shall pay to the Plaintiff KRW 66,30,000 and the interest rate of KRW 15% per annum from March 12, 2016 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On July 20, 2015, the Plaintiff was awarded a contract with the Defendant for the construction work for steel production and installation of steel frame among the construction work for underground warehouses B (hereinafter “instant construction work”) on the ground leveled to KRW 66,00,000 (including value-added tax).
B. On August 23, 2015, the Plaintiff received a contract from the Defendant for additional construction works due to the modification of design drawings among the instant construction works, with the construction cost of KRW 25,300,000 (including value-added tax).
C. The Plaintiff completed all the contracted construction work from the Defendant, and the Defendant paid only KRW 25,00,000,000 to the Plaintiff as the said construction work price, including KRW 10,000,000 on July 28, 2015 and KRW 15,00,000 on August 26, 2015.
[Ground of Recognition] A without dispute, each entry of Gap evidence 1 through 11 (including additional numbers), the result of an order issued by this court to submit tax information about the budget tax secretary and the purport of the whole pleadings
2. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 66,300,000 (=66,000,000 - 25,300,000 - 25,000,000) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from March 12, 2016 to the date of delivery of a copy of the complaint of this case sought by the Plaintiff.
3. As to the judgment on the Defendant’s assertion, the Defendant did not conclude an additional construction contract equivalent to KRW 25,300,000 with the Plaintiff. However, in full view of the purport of the entire arguments in the evidence duly admitted, the Defendant issued the modified design drawings to the Plaintiff during the process of the Plaintiff’s construction project. The Defendant entered into a contract for construction of warehouse with Nonparty C, the original owner of the instant construction project, for which KRW 77,00,00 (including value-added tax) was added to KRW 30,591,00 (including value-added tax) on August 25, 2015, and the Plaintiff related to the instant construction project.