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1. The defendant shall pay to the plaintiff KRW 23,340,250 as well as 5% per annum from February 14, 2019 to November 25, 2020.
Reasons
On March 13, 2018, the Plaintiff entered into a construction contract with the Defendant for the supply and demand of the above construction work (hereinafter “instant construction contract”) by stipulating that the construction cost of KRW 441,00,000 (excluding value-added tax), the construction period from April 10, 2018 to April 10, 2020, and that the payment of progress payment shall be made at least 60 days before and after the base date determined and paid from the Defendant’s original building (hereinafter “instant construction contract”).
According to the detailed statement of the construction contract of this case, the amount of 21,724,00 won for the PC dental removal work and the amount of 14,250,250 won for the NAI removal work (excluding each value-added tax) shall be determined separately.
From April 10, 2018, the Plaintiff continued the construction work, and the Defendant paid the Plaintiff totaling KRW 308,108,214 as construction cost from July 2018 to December 2018.
On December 2018, the Plaintiff suspended construction without completing the PC dental removal work and the NAI removal work, and around that time, the contract price for the instant construction work performed by the Plaintiff was KRW 374,540,178.
Of the unpaid construction cost, the construction cost that the Defendant directly paid to the Plaintiff excluding mutual-aid funds, such as oil supply and equipment supply, is KRW 31,570,000 out of the total of KRW 43,515,382 on November 2, 2018, and KRW 11,00,000 out of the total of KRW 22,916,582 on December 22, 2018 (=31,570,000,000).
The plaintiff was above D around December 2018.
Since December 16, 2018, the Defendant suspended the construction as described in the port, and the Defendant directly performed the PC removal work and the NAIL removal work suspended by the Plaintiff.
[Ground of recognition] In light of the facts without dispute, the statements in Gap 1, 2, 4, 5, and Eul 8 (including provisional numbers), and the facts of the judgment as to the ground for the claim of the entire pleadings, the unpaid construction cost out of the amount that the defendant has to pay to the plaintiff, excluding the mutual-aid funds such as gas stations and equipment costs, is KRW 42,570,00.