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1. The Defendant: (a) KRW 1.3 million to the Plaintiff (Appointed Party) and the Plaintiff’s 5% per annum from July 8, 2015 to March 10, 2016.
Reasons
1. Facts of recognition;
A. The Defendant ordered D Co., Ltd. (hereinafter “D”) to undertake the construction of the main complex on the ground of Gangnam-gu Seoul E (hereinafter “instant construction”) and D subcontracted the part of the construction of the reinforced concrete to the Appointor B, the board, Do, and the construction of the reinforced concrete construction to the Appointor C, and the part of the shower, Changho, and Miscellaneous construction to the Plaintiff (Appointed Party) respectively.
B. The first construction contract between the Defendant and D was concluded on September 17, 2013. The construction amount was KRW 1 billion (the payment of the price is KRW 100 million in the contract, KRW 200 million in the contract, KRW 150 million in the outside after the completion of the 3rd floor, KRW 150 million in the inside work, KRW 100 million in the inside work, and KRW 300 million after the approval for use was made). The completion date was March 23, 2014 (the date of completion of the 1th evidence No. 1-1 of March 23, 2013 appears to be a clerical error).
The defendant paid 700 million won as construction price to D by January 27, 2014 in accordance with the construction contract, but the construction was not carried out smoothly due to the circumstances, such as the defendant's failure to pay the construction price to subcontractor.
C. D’s request for payment of KRW 80 million as soon as the time of payment under the first contract was made, and the Defendant and D entered into a construction contract with the intent to reduce the construction amount to KRW 780 million on February 10, 2014, and the Defendant paid KRW 80 million to D on February 24, 2014 under that contract.
In addition, as of April 1, 2014, the construction cost was KRW 250 million as of April 1, 2014, and the date of completion as of July 15, 2014.
Therefore, the amount of the first contract was changed to KRW 1 billion (1 billion). D.
After that, the Plaintiff and D bear the Defendant’s direct payment of the additional construction cost of KRW 250 million on July 8, 2014, and the remainder of the construction cost is KRW 184 million.