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1. The Defendant’s KRW 4,728,970 as well as 5% per annum from July 8, 2016 to July 12, 2017 to the Plaintiff.
Reasons
1. The plaintiff's assertion
A. The Plaintiff received a subcontract from the Defendant for construction of a 21,000 square meters per square meter for a 21,000 square meter and clothes Stockpiling work (hereinafter “instant construction work”) among the repair projects of a State-managed tide embankment in B district, and performed construction of a 30,303,000 square meter per square meter from June 17, 2016 to July 1, 2016, and the Plaintiff incurred construction cost of KRW 30,30,000 (= KRW 1,443 square meter x 21,000).
B. The Plaintiff entered into a construction contract for the additional work of diskettes with the Defendant for 4.5 days from June 18, 2016 to July 5, 2016, and the construction cost was KRW 3,150,000 (=4.5 days).
C. As to each of the above construction works, the Defendant paid only the construction cost of KRW 12,125,00 to the Plaintiff.
Therefore, the Defendant shall pay to the Plaintiff KRW 21,328,00 (i.e., KRW 30,303,000, KRW 150,000 - KRW 12,125,000) and damages for delay.
2. The parties' assertion and judgment
A. 1) The Plaintiff was awarded a subcontract of KRW 21,00,000 per square meter for the instant construction work from the Defendant and performed construction work of KRW 802.57 square meters from June 18, 2016 to July 1, 2016, and the Plaintiff agreed to pay the construction cost within seven days from the date of termination of the contract. (2) The Plaintiff received payment from the Defendant of KRW 12,125,000 out of the instant construction cost.
[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1-1, 2, Gap evidence 5, Eul evidence 1, Eul evidence 3-1 through 4, the purport of the whole pleadings and arguments
B. 1) According to the above facts finding as to the portion of the instant construction cost, the Defendant’s payment of the instant construction cost to the Plaintiff according to the construction volume executed by the Plaintiff is KRW 16,853,970 (= KRW 21,000 + KRW 802.57m2). Thus, the Defendant, barring special circumstances, should pay the Plaintiff the unpaid construction cost (i.e., KRW 16,853,970 - the construction cost incurred - KRW 12,125,00) and delay damages therefrom (i.e., KRW 16,853,970).