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1. The Defendant’s KRW 685,100,440 as well as the annual rate of KRW 5% from May 11, 2018 to October 30, 2019, and the following.
Reasons
1. Determination on the cause of the claim
A. Comprehensively taking account of the overall purport of the pleadings as to the statement in Gap evidence No. 1, 2016, with respect to the construction work in the Dulg Factory E (hereinafter “instant construction work”) being supplied by the defendant from the defendant Co., Ltd. on November 1, 2016, the fact that the construction work price is determined as KRW 25,00 per 1D/I (value-added tax separate) (hereinafter “instant contract”). The defendant recognized that the construction work price for the completed portion of the instant construction work is KRW 3,036,687,50 as of the volume 110,75D/I from November 1, 2016 to February 2, 2018 (i) (i) 110,425 x 25,000 x 1.
B. The Plaintiff asserts that since the Plaintiff agreed to pay KRW 1.5 times as to the quantities of Libybya as to the quantities of Libya in excess of the recognized quantities of the Defendant, the construction cost to be paid by the Plaintiff reaches KRW 3,480,702,500 in total.
The statements in Gap evidence Nos. 2 and 12 alone are insufficient to recognize the fact that the plaintiff completed pipeline installation in excess of 110,75D/I, and there is no other evidence to acknowledge it.
② Then, it is recognized that the Defendant entered into an agreement to the effect that, in full view of the purport of the entire pleadings in the statement No. 7 on the Libybya in relation to L byabya, the amount of L byabya is paid to 1.5 times as much as the amount of L byabya by the Defendant (or the Plaintiff). However, there is no evidence to prove that the Defendant was paid as 1.5 times as to the amount of L byabya by the K
C. Meanwhile, the Plaintiff receives the following amount from the Defendant or paid by the Defendant on behalf of the Plaintiff.
① Payment of KRW 930,860,00 in total, including KRW 240,00,000 in November 114, 2016, KRW 200,000 in December, 2017, KRW 225,50,000 in January 225, 2000 in February, 200, KRW 150,000 in March, and KRW 150,00 in March, 201. ② Payment of KRW 1,278,312,80 in total as wages of the Plaintiff’s parts from April, 201 to January 201, and KRW 1,278,312,80 in premium as insurance premium.