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1. The Defendant’s KRW 11,335,020 with respect to the Plaintiff and KRW 6% per annum from July 1, 2016 to September 2, 2016.
Reasons
1. Facts of recognition;
A. On September 16, 2015, the Plaintiff agreed that the construction period of B 503 Dong 1301 apartment buildings (hereinafter “instant apartment buildings”) shall be from September 25, 2015 to October 16, 2015; the construction cost shall be KRW 46,68,200 (excluding value-added tax); and the separate items shall be determined and contracted on September 16, 2015; the advance payment of KRW 20,000,000; and the remainder of KRW 20,00,000,000 as part payment on October 1, 2015; and the remainder of KRW 6,68,200 as part payment on October 16, 2015, and the remainder of KRW 6,68,200 as part payment on October 16, 2015.
(hereinafter “instant construction contract”). B.
The Plaintiff completed the instant construction work on November 19, 2015, and received KRW 40,000,000 in total from the Defendant as payment for construction work.
[Grounds for Recognition: Evidence No. 1, Evidence No. 5-2, Class B-2, each entry of Evidence No. 9, the video of Evidence No. 9, and the purport of the whole pleadings]
2. Determination
A. (1) According to the above facts, the Defendant is obligated to pay the Plaintiff the amount of construction work, barring special circumstances, the amount of KRW 46,68,200, the sum of KRW 46,666,820, the amount of value-added tax of KRW 51,335,020, the remainder of KRW 11,335,020, which remains after deducting KRW 40,000,000, which was agreed at the time of concluding the construction contract based on the instant construction contract from KRW 51,335,020, and damages for delay calculated at the annual rate of KRW 15,00,000, which is the following day after the copy of the application for modification of the purport of the claim and the cause of the claim as of June 27, 2016, which is deemed reasonable for the Defendant to resist the existence and scope of the obligation.
(2) The Plaintiff’s assertion (A) was conducted pursuant to the instant construction contract while doing construction work, and as a result, an additional construction work equivalent to KRW 11,082,771 at the Defendant’s request. Thus, the Defendant did so.