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1. The defendant shall pay 100,650,000 won to the plaintiff and 20% per annum from March 26, 2013 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff as a party is a company running the steel structure construction business, etc., and the Defendant is a company that subcontracted the civil engineering construction work among the Honam Petroleum Site Project (G-PRECT) construction project (G-PRT construction project) in Ulsan-gu and 13 lots of land, Nam-gu.
B. Around May 1, 2012, the Plaintiff re-subcontracted, etc. (1) from the Defendant to accept a subcontract for the steel framed (hereinafter “instant construction”) among the said civil construction works, for the construction cost of KRW 325,00,000 (Additional Tax). The main contents are as follows.
The name of the main contract for the construction project: The name of the subcontracted construction project: The construction period for steel-frame A and 13 lots of land: The contract amount on April 30, 2012, and June 30, 2012: the contract amount: KRW 325,000,000 (Additional Table No. 3) from the head of the Defendant’s site office around September 11, 2012, the Plaintiff completed the instant additional construction project at around that time upon receiving a request from the head of the relevant site office to cause damage to the construction works (hereinafter “the instant additional construction”) other than the instant construction works, such as painting poppy construction, hydro-dong pipe installation, driving-way installation, equipment carrying-in equipment and emergency stairs.
(3) After consulting the head of the site office B with the construction cost, the Plaintiff presented a written estimate of KRW 91,50,000 (10,650,000,000,000,000,000,000,000) for the instant additional construction work. B reported the details of the instant additional construction work and the said written estimate to the Defendant company, and on November 25, 2012, the Plaintiff signed the said written estimate with the head of the site office and delivered the Plaintiff a signature thereon.
C. The Plaintiff, including the construction cost, paid KRW 357,500,000 (including surtax) from the Defendant, but did not receive any additional construction cost of KRW 100,650,00 (including surtax).
[Ground of recognition] Facts without dispute, Gap evidence 1 to 12, and Eul evidence 12.