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1. The Defendant: (a) KRW 35,540,000 for the Plaintiff and 6% per annum from March 21, 2018 to November 27, 2018; and (b) the Plaintiff.
Reasons
1. Construction cost of the entire construction work as of the date of the contract No. 12016, the sum of KRW 41,580,000,000, around June 2017, Yangcheon-gu Seoul Metropolitan Government D D D D D Corporation’s Changho Lake around the end of June 1, 2016;
A. The Plaintiff (mutual name: B) performed all of the following detailed works (hereinafter “instant construction”) among the entire construction works contracted by the Defendant from the ordering office twice.
B. The instant construction project was conducted in a way that the Plaintiff presented a written estimate to E, the head of the Defendant’s site office, without preparing a written construction contract, and instructed and supervised E’s construction.
The amount unpaid as of the date of repayment of the construction work at the construction site shall be KRW 41,580,000 on June 16, 2017; KRW 23,650,000 on June 23, 2017; KRW 41,580,00 on June 11, 2017; KRW 2D Changho Corporation KRW 41,580,000 on August 33, 2017; KRW 5,580,000 on August 3, 2017; KRW 68,200,000 on August 3, 200, KRW 780,000 on the aggregate of KRW 109,780,000,000 on August 18, 2017; and
C. Meanwhile, the Plaintiff was paid KRW 71,200,000 from the Defendant as follows.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 3 and 5 (including provisional numbers, hereinafter the same shall apply), the purport of the whole pleadings
2. Determination
A. 1) The plaintiff asserts that the defendant's on-site Director E had to pay KRW 3,00,000 which was not paid out of C's work price through D construction, but failed to comply with the promise, and that D's work price was not paid KRW 5,580,00.2) The defendant argues that ① there is no direct contractual relationship with the plaintiff with respect to C's work price, and the construction executor E agreed to reduce the Plaintiff's work price to KRW 33,00,000,000, and the contract price shall be deemed to have been paid in full, and ② the amount which was not paid out of D's work price was spent to supplement and conclude the Plaintiff's work in KRW 5,580,000.