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1. As to KRW 1,137,864,40 among the above money and KRW 1,243,920,400 to the Plaintiff, the Defendant shall pay to the Plaintiff KRW 1,137,864,40 from July 1, 2018 and KRW 106,056.
Reasons
1. Basic facts
A. On February 16, 2016, the Defendant awarded a contract for the construction of a new hotel on the ground of D and 1 lots of land in Seopopopo City (hereinafter referred to as “stock company’s name”) to C Co., Ltd. (hereinafter referred to as “Party”).
B. On February 1, 2018, C concluded a contract with the Plaintiff for the term “the instant First Construction Works” (hereinafter “instant construction”) from February 1, 2018 to April 30, 2018, with the price of KRW 2,805,00,000, and the period from February 1, 2018 to April 30, 2018.
The progress payment shall be paid in cash at the end of the following month, and the remainder shall be paid within two months after completion.
The Defendant, under the agreement with the Plaintiff and C, drafted a “Agreement on Direct Payment of Subcontract Price” to the effect that the Plaintiff would directly pay the 1st construction cost of the instant case.
C. On April 30, 2018, the Defendant completed the instant construction project.
From February 13, 2018 to May 30, 2018, the Defendant received KRW 1,667,135,600 in total from the price of the instant first construction project.
On July 12, 2018, the Defendant, among the new construction works, contracted the Plaintiff with the cost of KRW 150,260,000, and the period from July 23, 2018 to August 31, 2017.
On July 18, 2018, the Defendant added the following: (a) the elevator holes of the base floor; (b) the structural finishing of the first floor; and (c) the revision of the first floor holes; and (d) increased the price by 31,000,000 won (34,100,000 won if the price is included in value-added tax).
E. On August 31, 2018, the Defendant completed all of the instant secondary construction works.
The Defendant received KRW 70,604,000 (including KRW 5,000,000, and KRW 5,000,000, which was remitted to the name of the Defendant Company E) out of the price of the instant secondary construction project (including KRW 5,50,000, which was remitted by the Defendant under the name of the Company E).
On June 26, 2019, the Defendant transferred KRW 4,000,000,000 to F (G) which is the subcontractor of the Plaintiff under the name of Co., Ltd. E, and KRW 3,700,000 on August 12, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 9, 10, Eul evidence 1, 2 and 9, and all pleadings.