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1. The Defendant’s KRW 75,00,000 as well as the Plaintiff’s annual rate of KRW 6% from August 14, 2014 to May 30, 2017.
Reasons
1. Name of original contract for basic facts: The name of the subcontracted project for B (hereinafter referred to as the "new construction project in this case"): From May 8, 2014 to May 30, 2014: The contract amount: Geum-gu million won (including purchase tax amount of KRW 95,00,000) in advance within seven days after the conclusion of the contract: The amount completed in advance of KRW 100,000 (including KRW 20,000) in a daily amount within 15 days after the completion of the contract: 100% in cash within 15 days after the completion of the contract;
A. On May 8, 2014, the Defendant drafted a subcontract agreement (hereinafter “instant contract”) with the Plaintiff with the following content.
B. The Plaintiff commenced the instant construction project under the said contract, and received KRW 20,000,000 as advance payment from the Korea Urban Development Corporation, the executor of the instant new construction project, from May 16, 2014.
C. The plaintiff sent a letter to the defendant requesting the payment of the remainder of the construction cost and the additional construction cost, but the defendant does not pay it up to now.
The Plaintiff completed the instant facility works on August 13, 2014, and the Defendant submitted an application to the Gangwon-do Gun to the effect that the instant new construction works were completed and applied for a pre-use inspection on September 3, 2014, and received a certificate of confirmation of the pre-use inspection from the Gangwon-do Gun on September 1, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, each entry of evidence Nos. 6 through 8, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion that the plaintiff prepared the contract of this case with C, who is an employee of the defendant's lawful delegation by the defendant, and concluded the contract of this case and completed the construction, the defendant is obligated to pay the plaintiff the unpaid construction cost and the additional construction cost.
B. The Defendant’s assertion is a lump sum subcontract of the instant new construction works to the E.S. construction industry, which was a joint contractor, around October 31, 2013, and the Korea Urban Development Corporation Co., Ltd. and the instant new construction works.