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1. The Defendant’s KRW 10,197,450 as well as 6% per annum from January 17, 2017 to January 30, 2018 to the Plaintiff.
Reasons
1. Summary of the plaintiff's assertion
A. On September 21, 2015, the Defendant contracted for the construction cost of KRW 932,00,000,000 among the new construction works for B apartment units from Lain Industries Co., Ltd.
The Defendant subcontracted out construction works among the above construction works to C, but C was suspended from the said construction works during the Do.
The defendant ordered the plaintiff to subcontract the remaining construction work which C did not complete among the above covering construction work amounting to KRW 284,00,000 by oral agreement.
Despite the completion of the remaining construction work from April 2016 to September 201 of the same year, the Plaintiff was not paid KRW 49,200,000 among the construction price by the Defendant.
B. The Plaintiff was awarded a subcontract for the Pyeongtaek-si construction from the Defendant.
The Plaintiff agreed to receive personnel expenses, etc. according to the actual number of construction days.
Labor expenses equivalent to 131 goods from May 2016 to July 2016 (i.e., 22,270,000 won for personnel expenses of 131 goods (i.e., x 170,000 won for 131 goods), 3,965,220 won for expenses from May to July (i.e., 2,181,670 won for 6 months, 1,583,50 won for 200,750 won for 7,750,000 won for other expenses (i.e., 3,000, 200,000 won for 1,20,000 won for 1,50,000 won for 30,000 won for 80,000 won for 8,000 won for 1,000 won for 30,000 won for 1,000 won for 30,78000.
C. Therefore, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 85,585,220 (=$49,200,000 Hosan case of KRW 36,385,220) and damages for delay.
2. Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1, 2, and 3, the defendant is a stock company operating a construction business, etc., the defendant was awarded a subcontract from Lain Industrial Co., Ltd. for 932,00,000 of the construction cost of Choin Industrial Co., Ltd., and the defendant re-subcontracted for 407,000,000 of the construction cost among the above construction works, and C re-subcontract from Oct. 2015.