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1. The Defendant’s KRW 58,700,000 as well as the Plaintiff’s annual rate from September 8, 2016 to September 19, 2017.
Reasons
1. Basic facts
A. On August 2015, the Plaintiff entered into a contract with the Defendant for remodeling construction works for the third floor building located in Busan Dong-gu, Busan (hereinafter “instant construction works”).
B. While the construction cost has not been determined specifically, the Plaintiff continued the construction work at the site situation and at the request of the Defendant and completed the construction work on November 2015.
C. On November 13, 2015, the Plaintiff presented a written estimate of construction cost of KRW 2220,210,000 to the Defendant (excluding value-added tax).
Meanwhile, the Defendant paid to the Plaintiff KRW 180,000,000 as the construction price on August 31, 2015, KRW 30 million on September 11, 2015, KRW 40,000 on September 22, 2015, KRW 30,000 on October 5, 2015, KRW 40,000 on October 20, 2015, and KRW 180,000,000,000 on November 3, 2015, and KRW 30,000 on November 4, 2015.
[Reasons for Recognition] Entry No. 1 of Eul and the purport of the whole pleading
2. The Plaintiff’s assertion that the construction cost of the instant construction project is KRW 220 million (excluding value-added tax), and only KRW 180 million was paid. As such, the Defendant is obligated to pay KRW 64.1 million for unpaid construction cost (i.e., value-added tax of KRW 220 million - KRW 22 million - KRW 180 million).
On July 14, 2017, the Plaintiff asserted to the effect that the construction cost of the instant construction project is KRW 217 million (excluding value-added tax) with the Defendant and the instant construction project, and that the unpaid construction cost is KRW 58.7 million (=value-added tax of KRW 217 million - paid KRW 180 million), but did not modify the purport of the claim.
3. Circumstances recognized by the purport of the entire pleadings, namely, the written estimate for the instant construction project, stating that the amount of KRW 220,100,000 is to be deleted in a written estimate, and then KRW 217,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.