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1. The Defendant paid KRW 42,326,136 to the Plaintiff KRW 5% per annum from August 10, 2016 to December 23, 2016.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion is that the Defendant completed the construction work of the main entrance to the West Line (hereinafter “instant construction work”). Since the construction cost is KRW 71,101,042 (including value-added tax), the Defendant is obligated to pay the Plaintiff the remainder of the construction cost (71,101,042 - KRW 27,000,000) and the delay damages therefrom.
B. The Defendant’s argument settlement amount of construction work in this case is KRW 43,750,00 (125,000 square meters x 350 square meters x 350 square meters), KRW 2,80,000 (8,000 x 350), and KRW 4,00,000 value-added tax of KRW 5,05,605,000 (including value-added tax) and KRW 27,00,000 among them, and the remaining construction work amount is KRW 28,605,00,000.
2. Facts of recognition;
A. On February 15, 2016, the Plaintiff received a contract with the Defendant for the construction period of the instant construction from February 15, 2016 to March 31, 2016; and the construction price was KRW 83,60,000 (including value-added tax).
B. On February 15, 2016, the Plaintiff issued to the Defendant a contract statement stating that “The amount of the instant construction project shall be paid without additional settlement up to 552 square meters, unit price of 125,000 square meters, total sum of 69,00,000 square meters, and the settlement amount of 577 square meters, and if the settlement amount reduces more than 20 percent of the contract amount, 10% of the settlement amount shall be added to the settlement amount.”
C. On February 23, 2016, the Defendant confirmed that “the Defendant shall not be liable to the Plaintiff for any issues that may arise in the course of covering the metal panel’s painting in relation to the metal panel in the construction site of the instant case with a painting painting of 1000n on the influor on the influor’s influor’s influor’s influor’s influor, and that the equipment additionally generated will be settled at a subsequent cost.”
The plaintiff is the defendant.