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1. The Defendant shall pay to the Plaintiff KRW 125,00,000 and the interest rate of KRW 15% per annum from January 26, 2016 to the date of full payment.
Reasons
1. Determination as to the cause of claim
A. The following facts can be acknowledged according to the contents of evidence Nos. 1 through 7 and the purport of the whole pleadings.
1) On July 20, 2015, the Plaintiff from the Defendant on July 20, 2015, the construction work and reinforced soil construction work on the ground D in substantial C in Cheongju-si (hereinafter “instant prime contract construction work”).
2) Of the aggregate construction works (hereinafter referred to as “instant subcontracted construction”)
A) A contract was concluded between KRW 850,000 per square day, and the construction period from July 20, 2015 to August 30, 2015 (hereinafter “instant subcontract”). (hereinafter “instant subcontract”).
2) After the completion of the above construction work, the subcontract of this case changed the construction cost following the partial adjustment of the scope of the construction work, and the construction cost corresponding to the subcontracted part executed by the Plaintiff is KRW 125,00,000, as shown in the attached Form D Construction Costs Calculation Statement.
B. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 125,00,000 won of the subcontract price of this case and damages for delay at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from January 26, 2016 to the date of full payment after the date of completion of the subcontract of this case, as claimed by the plaintiff.
2. Judgment on the defendant's assertion
A. Defendant’s assertion 1) The Defendant’s Ildo Development Co., Ltd. (hereinafter “ Ildo Development”)
(2) From the Plaintiff, the Plaintiff contracted the instant prime contract amounting to KRW 850,00,00 for the construction cost, and Hando Development received a bill discount from G on August 3, 2015, together with the Plaintiff as the settlement for the construction cost of D and E site. The Defendant recognized KRW 93,00,000 as the bill amount of KRW 93,00,00 for the bill payment (bill discounted to G) in the Defendant’s implementation, and the Plaintiff filed a claim for the construction cost for the instant prime contract. (2) The Plaintiff filed a claim for the construction cost for the instant prime contract, as the Defendant recognized KRW 125,00,000 as the bill amount of KRW 125,00,000 for the instant subcontracted construction cost, which was not attributable to the Plaintiff.