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1. The defendant,
A. The Plaintiff A’s KRW 356,102,00,007 and the annual rate of KRW 5% from July 2, 2015 to May 24, 2017.
Reasons
1. Basic facts
A. On December 5, 2014, the Plaintiff A and the Defendant concluded a construction contract with respect to the construction of Seocho-gu Seoul E Multihousehold (hereinafter “instant building”) (hereinafter “instant construction”) on the following grounds: (a) the construction period from December 14, 2014 to April 30, 2015; and (b) the construction amount of KRW 462 million (including value-added tax; hereinafter the same shall apply) of the construction amount; and (c) the construction contract was concluded on the construction period from December 14, 2014 to April 30, 2015.
(hereinafter “instant contract”). (b)
According to the instant contract, the Defendant did not pay advance payment of the instant construction work, and paid the remaining construction cost at the time of completion of the construction work, 110,000,000 among the construction cost on February 10, 2015.
C. The instant construction was approved on July 1, 2015 after the end of June 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings
2. Determination as to Plaintiff A’s claim
A. Plaintiff A’s assertion 1) The primary claim is the contractor of the instant contract. The instant construction cost is KRW 462,00,000, and KRW 51,300,000 upon the Defendant’s request due to the change of exterior walls, etc., the additional construction cost was incurred. The Defendant paid KRW 10,884,250, including the cost of installing electric measuring instruments to be paid by the Defendant on behalf of the Plaintiff. Accordingly, the Defendant agreed to pay the Plaintiff for the remainder of KRW 359,184,250 (= KRW 462,00,000) after deducting the construction cost already paid to the Plaintiff from KRW 165,00,00,000, KRW 51,300,000, KRW 84,250) and delay damages therefrom. 2) The primary claim against the Plaintiff is not the Plaintiff, and the Defendant is also obligated to pay the construction cost to the Plaintiff and the damages for delay.
3 The plaintiff A has a claim against D.