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The defendant's KRW 117,810,000 to the plaintiff and its related 5% per annum from February 28, 2020 to March 10, 2021, and the following.
Reasons
1. Basic facts
A. On June 7, 2012, the Seocheon-gun concluded a construction contract on the business with C Co., Ltd. (hereinafter “C”), D Co., Ltd. (hereinafter “D”) and E.
B. On April 3, 2014, C entered into a subcontract (hereinafter “instant subcontract”) with the Defendant, setting the construction cost of KRW 7,069,412,00, and the period of March 1, 2016 with respect to civil and construction works (including F works) among the said projects, as the period of March 1, 2016.
(c)
The Defendant, on April 14, 2016, ordered Gohapcheon-gun to restore damaged state forests during the construction process, determined the construction cost of KRW 174,00,000 (i.e., design cost of KRW 165,000,000 for construction cost of KRW 165,000 for design cost of KRW 9,000), and the completion date of construction as of July 13, 2016.
(d)
According to the instant construction contract, the Plaintiff completed the design for the restoration of destroyed land in accordance with the instant construction contract, and completed the first construction work on August 17, 2016, and received a partial completion inspection on September 1, 2016, and filed a claim for payment to the Defendant.
E. On October 13, 2016, when the Defendant’s employees received a non-prosecution disposition regarding the charge of violating the Mountainous Districts Management Act, the Defendant concluded the instant construction contract under the name of the Defendant with the Seocheon-gun and C, and concluded the construction modification contract by reflecting the construction cost of the Plaintiff’s forest restoration on April 2019.
F. C filed a claim for the payment of the amount of money with the Seocheon-gun on June 20, 2019 according to the above contract for the alteration of construction works, and on August 14, 2019, Seocheon-gun paid 40,600,000 won, deducting the premium of KRW 13,470,000 from the Plaintiff’s payment of the amount of money KRW 149,410,000,000, advance payment of KRW 95,340,000, which was paid directly to the Defendant instead of C.
G. On January 9, 2020, the Defendant demanded C to modify the instant subcontract agreement by reflecting the forest restoration work cost that was paid to C on or around January 9, 2020, and denied liability for the instant construction contract. C shall be the Defendant on January 20, 202.