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1. The Defendant’s KRW 33,295,050 as well as 6% per annum from December 31, 2015 to October 20, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. On September 17, 2015, the Plaintiff entered into the instant contract with the Defendant, under which the Plaintiff would accept a subcontract from the Defendant for the printing team construction works (hereinafter “instant construction works”) from among the new construction works of the fraternity located in Dong-gu, Nam-gu, Dong-gu, Seoul (hereinafter “instant construction works”).
AB concluded the agreement.
B. On December 30, 2015, the Plaintiff completed the instant construction work.
C. From September 17, 2015 to December 4, 2015, the Defendant paid KRW 120,000,000 to the Plaintiff as the price for the instant construction project.
around September 9, 2016, the Defendant is a contractor for the instant construction project (hereinafter referred to as "unclaimed company"), which is a contractor for the instant construction project.
) The Defendant submitted to Nonparty Company a written statement of non-party 23,00,000 won in direct payment to the Plaintiff by the non-party company. Accordingly, the Plaintiff was paid KRW 3,450,00 from the non-party company on October 17, 2016. [Grounds for recognition] The Plaintiff did not dispute, Gap Nos. 1, 11, and 13 (including paper numbers, Eul Nos. 1, 2, and 2, and the purport of the entire pleadings.
2. The assertion and judgment
A. The plaintiff asserted that at the time of entering into the contract of this case, the plaintiff agreed with the defendant to pay 176,00,000 won for the construction of this case (including value-added tax; hereinafter the same shall apply). Since the plaintiff settled the construction cost after completion of the construction of this case and decided the amount of 176,00,000 won, the defendant is liable to pay the plaintiff the remaining amount after deducting the total of 123,450,000 won from the above construction cost.
In regard to this, the Defendant agreed to pay the construction cost of KRW 154,00,000 at the time of entering into the instant contract, and on September 9, 2016, the Defendant was exempt from the obligation to pay the remainder of the construction cost from the Plaintiff, and accordingly, the Defendant is obliged to pay the construction cost of up to KRW 23,00,000,000.
B. (1) At the time of conclusion of the instant contract, the Plaintiff and the Defendant.