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1. The defendant shall be the plaintiff.
(a) KRW 141,818,098 and the annual rate of 6% from February 1, 2012 to October 16, 2013; and
Reasons
1. Basic facts
A. On July 15, 2009, the Plaintiff entered into a contract under which the Defendant would receive a subcontract for the construction work amount of KRW 3,233,477,360 (including value-added tax 293,952,487), and the construction period of construction from July 16, 2009 to July 31, 201, and three years after the completion of the defect warranty period (hereinafter referred to as “the initial contract”), on April 16, 201, the Plaintiff concluded the initial contract for the construction work amount of KRW 3,592,706,152 (including value-added tax 326,609,650) (hereinafter referred to as “the instant contract”) with the warranty bond to be modified to the remainder of the contract term of each of the original contract for the construction work period of KRW 3,592,706,152 (including value-added tax 26,609,650).
B. Under the instant construction contract, the Plaintiff completed the instant construction work on or around January 31, 2012, and the Defendant paid only KRW 3,483,205,840 of the instant construction cost to the Plaintiff, but did not pay the remainder of the construction cost.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 8 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 4, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts, barring any special circumstance, the defendant is obligated to pay the unpaid construction cost of KRW 109,500,312 to the plaintiff, and further, the plaintiff is also obligated to pay the unpaid construction cost of KRW 2). However, the defendant's obligation to pay the construction cost of this case to the plaintiff is also related to the plaintiff's obligation to pay the warranty bond or the obligation to deliver the warranty bond to the defendant, and the plaintiff is also related to the defendant's obligation to pay the warranty bond.