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1. The Defendant’s KRW 21,00,000 as well as 5% per annum from June 9, 2016 to September 27, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. Around August 2015, the Defendant, a corporation, the purpose of which is the construction business, received an order from the Seoul Gangseocheon District Office of Education for C Extension (hereinafter “instant construction”) for the construction cost of KRW 1,779,138,200.
B. Around August 2015, the Defendant completed the instant construction project on or around February 2016, after entering into a subcontract for the instant construction project, and accordingly, on June 8, 2016, the Defendant prepared and delivered to the Plaintiff a settlement statement stating that the settlement amount to be paid to the Plaintiff in relation to the instant construction project is KRW 21,40,000 (hereinafter “instant settlement statement”) (hereinafter “instant settlement statement, and evidence A 4”).
C. The supply value under the instant settlement statement is indicated as KRW 1,371,335,898, which is calculated on the basis of 86%. Of the expenditure on the instant settlement statement, KRW 21,000,000,000 in total as the rental cost (i.e., September 22, 2015) (i.e., KRW 3,000,000 on the date before February 3, 2016, KRW 10,000 in total on the date before the date of February 3, 2016), and KRW 15,00,000,000 in total as the payment amount for D ( KRW 10,00 in total on the date of December 10, 205, KRW 100,000 in the amount of partial payment for D).
【Ground for Recognition: Facts without dispute, Gap 1 through 6 evidence, Gap 7-1 and 2, and the purport of the whole pleadings】
2. The assertion and judgment
A. The plaintiff's summary of the plaintiff's assertion shall be KRW 1,387,281,664, which is calculated in accordance with the agreement ratio of 87% under the subcontract agreement. However, the defendant is deemed to have arbitrarily appropriated the amount of KRW 1,371,335,898, which is calculated in accordance with the agreement ratio of 86%, and thus unfair, the defendant shall pay the plaintiff 15,945,766, which is the difference. The defendant shall pay the plaintiff 15,945,7666, which is the sum of the amount paid to D and the amount of KRW 21,00,000,000 among the amount paid to the defendant as at the time of the preparation of the settlement statement of this case.
Therefore, the defendant's total amount of KRW 51,945,766 = 15,945,766 Won 15,000.