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1. Defendant B shall pay to the Plaintiff KRW 30,225,200 and the interest rate of KRW 15% per annum from March 22, 2018 to the date of full payment.
Reasons
1. 사실관계 [인정근거] 갑 1∽8호증, 을 2호증의 각 기재, 변론 전체의 취지 원고는 2016. 9. 11. 피고 B와 사이에 D㈜ 복지동 신축공사 중 판넬공사 등을 공사대금 104,742,000원, 공사기간 2016. 9. 11.부터 2016. 10. 13.까지, 지체상금율 1/1000로 정하여 공사도급계약을 체결하였다.
In the process of the instant construction, the Plaintiff and Defendant B had increased the construction cost to KRW 155,200,000 on October 18, 2016, and had changed the construction period to November 18, 2016, but the instant construction was completed on December 14, 2016.
From September 12, 2016 to November 14, 2016, the Plaintiff paid KRW 152,990,000 as the instant construction cost to Defendant B. On behalf of Defendant B, the Plaintiff paid KRW 27,410,000 to material companies, etc. supplied at the construction site of the instant construction site, and paid KRW 99,00 in order to repair water generated between the windows and the printing teams.
2. Determination:
A. According to the facts acknowledged as above, Defendant B is obligated to pay to the Plaintiff KRW 1,825,200 remaining after deducting the remainder of the construction from KRW 4,035,200 (total construction amount of KRW 155,200,000 (total construction amount of KRW 155,200) ¡¿ 26 days (number of delay) ¡¿ 1/100 (i.e., 155,200,000 - 152,990,000) (i.e., 152,90,00). ② The Plaintiff is obligated to pay the Plaintiff the amount of unjust enrichment of KRW 27,410,00,000 in lieu of the construction amount stipulated in the instant contract.
In regard to this, the above defendant agreed that the decision on the extension work of the third floor due to the reasons attributable to the plaintiff caused a loss equivalent to the cost of the field waiting human resources and equipment due to the delay of up to three weeks, and that the plaintiff would settle the order office and the construction cost after the completion of the construction and prevent the damage on the defendant's side, so the plaintiff's claim amounting to KRW 27,410,000 shall be unjust.