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1. The Defendant’s KRW 29,360,00 for the Plaintiff and KRW 5% per annum from October 31, 2018 to October 15, 2019.
Reasons
1. The parties' assertion
A. On August 11, 2016, the Plaintiff: (a) from the Defendant, on August 11, 2016, concluded a contract for the printing team and the Changho Construction Work (hereinafter “instant construction work”) among the new construction works on the land (hereinafter “instant building”); (b) KRW 130 million for the purchase price; (c) KRW 5.5 million for the additional construction works (excluding value-added tax); and (d) was paid KRW 118.64 million from the Defendant; and (e) the Defendant was paid KRW 2986 million for the construction price unpaid to the Plaintiff (i.e., KRW 5., KRW 143 million (= KRW 5.5 million) and damages for delay.
B. On May 1, 2015, the Defendant: (a) given a contract to Nonparty D, the owner of the instant building, for the construction of a new building; (b) concluded an agreement on August 5, 2016; and (c) performed construction directly to the owner of the building; and (d) concluded a contract with Nonparty D and the subcontractor, including the Plaintiff, under the name of D; and (c) paid the construction cost to the Plaintiff. The Defendant asserted that D is not the Defendant, but D.
2. Whether the defendant's obligation to pay the construction price is recognized
A. The Defendant: (a) around August 4, 2016, around the time when the previous construction contract for the instant building with D Co., Ltd. was concluded, around August 4, 2016, drafted a written oath to the effect that D will complete the present remainder of KRW 184 million; (b) the Defendant was responsible for the Defendant; and (c) contracted the remainder of the construction of the instant building. (d) On August 11, 2016, the Defendant entered the project owner into a contract for the instant construction (hereinafter referred to as “contract under the name of the Defendant”).
The amount of 5,00,000 on August 12, 2016, 12.30,000 on September 3, 2016; 3,300,000 on September 3, 2016; 3,700,000 on September 5, 2016; 5,000,000 on September 7, 2016; 5, 22, 28,50,000 on September 22, 2016; 15,140,007 October 24, 2016; and