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1. The Defendant shall pay to the Plaintiff KRW 15,501,05 and KRW 6% per annum from May 18, 2018 to February 13, 2020 and from the next day.
Reasons
1. The facts below the basic facts do not conflict between the parties, or can be acknowledged by comprehensively considering the whole purport of the pleadings in each entry in Gap evidence Nos. 1 and 2, and Eul evidence Nos. 4 through 9, and the entries in Gap evidence No. 22 are insufficient to reverse it and no other counter-proof evidence exists.
On August 10, 2017, the Plaintiff entered into a contract with the Defendant to conclude a contract with the Plaintiff for the removal of the D building located in Busan-gu C (hereinafter “instant removal contract”) with the cost of construction KRW 234,850,00 (including value-added tax) and the construction period from August 10, 2017 to September 25, 2017 (hereinafter “instant construction contract”).
B. Around December 2017, the Plaintiff reduced the amount of KRW 27,500,00 (including value-added tax) out of the contract amount to the Defendant through a civil petition, etc. filed by the Corporation E, which is the prime contractor, and excluded the removal work from the scope of the removal work among the removal work in this case, and completed all the removal work in this case.
C. Meanwhile, at the time of the conclusion of the instant construction contract, the Plaintiff and the Defendant agreed to pay the final service company the equipment cost, personnel cost, oil oil cost, and waste disposal cost that the Plaintiff is obligated to pay at the Defendant’s request, and to pay them directly to the Plaintiff only for the remaining gains. As the instant construction project, KRW 107,148,945 were paid by the Defendant to the final service company, and KRW 84,700,000 was paid to the Plaintiff. Ultimately, the construction payment that the Plaintiff received from the Defendant is KRW 191,848,945.
2. Determination:
A. According to the above facts finding as to the primary claim, the Plaintiff completed the removal construction of this case under the modified agreement around December 2017. Thus, the Defendant paid the Plaintiff the construction price of KRW 15,501,055 (i.e., the first construction price of KRW 234,850,000 - the reduced construction price of KRW 27,50,000 - the reduced construction price of KRW 191,848,945) and this case’s construction payment.