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1. The part concerning the claim for the amount of takeover in the lawsuit of this case shall be dismissed.
2. The defendant shall pay to the plaintiff KRW 66,00,000 and this shall apply to the plaintiff.
Reasons
1. Basic facts
A. On December 29, 2012, the Defendant entered into a contract for construction works with the Defendant, Korea Construction Co., Ltd. (hereinafter “Korea Construction Co., Ltd.”) on the construction site, set the construction period of the construction work for the construction of the ground neighborhood living facilities B (hereinafter “instant construction”) from January 20, 2013 to October 21, 2013; the construction cost of KRW 2,519,000,000 (including value-added tax); and the liquidated damages of KRW 1/100 per day’s construction cost.
Since then, the construction contract between the defendant and Korea Construction was changed on August 31, 2014, and the construction cost was changed to KRW 3,027,279,200.
B. On October 1, 2014, the Plaintiff and Korea Construction Subcontract subcontracted to the Plaintiff the entire construction cost of KRW 110,000,000 for construction work, including the construction of an outer wall substitute site, during the instant construction. While the Plaintiff completed the said tin construction, the Plaintiff was not paid KRW 110,00,000 for the construction cost from Korea Construction.
C. On January 21, 2015, when the construction of the instant construction was completed on January 21, 2015, but the Defendant was not paid the construction payment from the Defendant, the contract amount was settled at KRW 2,862,279,200 as follows, and the unpaid construction payment was confirmed as KRW 1,036,370,253, and the unpaid construction payment was confirmed as KRW 600,000,000 among the unpaid construction payment was determined by the settlement agreement (hereinafter “instant settlement agreement”).
After the settlement of the supply price of value of the contract amount of KRW 2,752,072,00, value-added tax of KRW 275,207,200, total of KRW 3,027,279,200, value-added tax of KRW 2,602,072,00, value-added tax of KRW 260,20,207,200, total of KRW 2,862,279,200, the final agreement is made after the settlement of KRW
Until now, the construction cost paid shall be 1,825,908,947 won (including substitute goods) and the unpaid balance of the construction cost shall be 1,036,370,253 won.
60 million won out of the unpaid balance
6. 30. Subcontract Account; or