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1. The Defendant’s KRW 1,566,00 and the Plaintiff’s 6% per annum from October 16, 2018 to April 23, 2020.
Reasons
1. Basic facts
A. On May 1, 2018, the Plaintiff entered into a construction contract with the Defendant and the Seo-gu Incheon, Seo-gu, and E to newly construct three units of a manufacturing business of Class II neighborhood living facilities with the construction cost of KRW 520,140,000 (including value-added tax), up to August 10, 2018; and the construction cost of KRW 50,000 per day (hereinafter “the first construction contract”).
B. In addition, on May 1, 2018, the Plaintiff entered into a construction contract with the Defendant and Seo-gu, Incheon, with a single unit of construction work of KRW 173.8 million (including value-added tax) on the land of Class II neighborhood living facility manufacturing business place, including the Defendant and Seo-gu, Incheon, with a construction cost of KRW 173.8 million (including value-added tax), August 10, 2018, with a delayed compensation of KRW 500,000 per day to be newly constructed (hereinafter “second construction contract,” and “the instant construction contract”).
C. On June 25, 2018, the Plaintiff and the Defendant concluded a modified contract with the amount of construction cost reduced to KRW 41.8 million, instead of reducing part of the construction work contents, as to the second construction contract, to set the total construction cost as KRW 132 million (including value-added tax).
The Plaintiff completed the construction of four manufacturing establishments under the instant construction contract, and accordingly, the approval for each of the approval for use on August 15, 2018 was granted for the three buildings subject to the first construction contract, and on August 16, 2018 for the first construction contract.
E. From May 9, 2018 to March 13, 2019, the Defendant paid to the Plaintiff KRW 61,3140,000,00 as the construction price under the instant construction contract.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 11, Eul's 1 and 2 (including each number, if any)
2. The parties' assertion
A. The Defendant paid to the Plaintiff the sum of KRW 520,1400,000 for the first construction contract price and KRW 132,400,000 for the second construction contract price, which is KRW 650,000,000,000,000 for KRW 61,314,000 among them.
Therefore, the defendant is against the plaintiff.