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1. The defendant shall pay to the plaintiff KRW 30,967,00 among the above amount and KRW 30,967,000 from February 14, 2015.
Reasons
1. Basic facts
A. On August 2012, 2012, the Plaintiff entered into a construction contract with the Defendant on the construction cost of KRW 51,000,000 with respect to the construction of the 4th floor housing located in Seosung-gu Daejeon, Daejeon, on the condition that the Defendant agreed to pay the Plaintiff KRW 31,00,000 at the time of the completion inspection, and ② at the time of the completion inspection, the Defendant shall pay the Plaintiff KRW 31,00,000 at the time of the completion inspection.
(hereinafter “instant construction contract”). B.
On December 4, 2012, the Plaintiff paid KRW 10,000,00 to the Plaintiff on December 4, 2012, which is the business day on which the Plaintiff is liable to attach a creative mold. On December 24, 2012, the Defendant prepared and borrowed the following loan certificates (Evidence A 2) with respect to KRW 10,00,000 remaining on December 24, 2012:
Loan money of KRW 10,00,000 shall have 2% interest on January 20, 2013
C. The instant construction was completed on February 2013 and completed the completion inspection at that time. According to the agreement with the Defendant, the Plaintiff did not perform crowdfunding work equivalent to KRW 8,000,000 among the instant construction. The Plaintiff was not performing the construction work on the second floor beer 26,000 among the instant construction work.
On December 24, 2012 and December 29, 2012, and March 7, 2013, the Plaintiff concluded the following additional construction contract with the Defendant.
추가공사 내용 비용 물통공사 1,290,000원 4층 스텐 난간(데스리) 공사 1,190,000원 4층 베란다 보조공사 110,000원 방화문 2개 공사 500,000원 강화유리 4개 공사 1,000,000원 스텐 교체공사 310,000원 1층 블랙샤시공사 및 인건비 블랙샤시 2,423,000원 인건비 950,000원 보일러실 공사 620,000원 합계 8,393,000원 [인정근거] 다툼 없는 사실, 갑 제1 내지 3호증, 변론 전체의 취지
2. According to the above facts, for the Defendant’s 40,967,000 won (i.e., construction cost of KRW 51,00,000 - KRW 8,000,000 for crowdfunding - KRW 426,00 for 10,000 for additional construction works of KRW 10,393,00 for 10,000 for - and the remaining construction cost of KRW 30,967,00 for the Defendant’s 30,967,000 for the above money, following the issuance of the instant payment order.