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1. The Defendant’s KRW 20,967,50 for the Plaintiff and KRW 6% per annum from November 9, 2017 to May 8, 2019.
Reasons
1. Facts of recognition;
A. On September 23, 2016, the Plaintiff engaged in the building business entered into a contract with the Defendant under which the Plaintiff would pay 3/1000 of the contract amount per day for delay compensation (hereinafter “instant construction contract”). The Plaintiff entered into a contract with the Defendant to pay 145,00,000 won for the construction cost, from September 24, 2016 to November 24, 2016, for the payment of 3/100 of the contract amount per day (hereinafter “instant construction contract”).
B. On December 2016, the Plaintiff completed the instant construction work, and the Defendant commenced the business of the said Lestop on January 9, 2017.
C. Meanwhile, from September 23, 2016 to January 10, 2017, the Plaintiff received a total of KRW 109,000,000 from the Defendant, in total, six times as indicated below, as the construction price in the instant case.
The amount of the payment date of the sequence 1, 201 on September 23, 2016, 200,000 on December 20, 2016, 200,000 on December 20, 2016, 200 on October 4, 2016, 7,000,000,000 on May 30, 2017, 200 on January 10, 2017; 30,000,003 on November 4, 2016; 40,000,000 on June 4, 2017; 2,00,000,0000
D. The Plaintiff and the Defendant settled the balance of construction cost under the instant construction contract, including the additional construction cost and the non-execution cost of landscaping construction work, as KRW 30,000,00.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 7 evidence, Eul's 3, the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s assertion that the Defendant is liable to pay the Plaintiff the remainder of KRW 51,60,000,000, which deducts the unpaid construction cost of KRW 11,000,000 from the total of KRW 12,00,000 and KRW 12,000,000, and the unpaid construction cost of KRW 146,000,000, and KRW 160,600,000, including value added tax of KRW 14,60,600 on the unpaid construction cost of KRW 14,60,00 (= KRW 146,00,000, KRW 14,6000, and KRW 14,600,000, and delay damages therefrom).
(b) judgment 1: (i) the unpaid construction cost, including the additional construction cost;