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1. The Defendant shall pay to the Plaintiff KRW 4.8 million with 12% per annum from December 6, 2018 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On August 6, 2018, the Plaintiff entered into a contract with the Defendant for the sale of goods to supply the 95 million won panel, etc. in total to the 95 million won (excluding value-added tax), among the construction works of the building of the building of the building of the Gangwon-gun E that the Defendant supplied and performed with D, as follows:
B. In September 2018, the Plaintiff and the Defendant entered into a modified contract with the content that the contract amount of the panel construction is increased from KRW 95 million to KRW 127 million (excluding each value-added tax), on the grounds of the increase in supply volume (hereinafter “instant contract for construction”).
C. The Plaintiff completed the panel construction on October 11, 2018 according to the instant construction contract, and the Defendant and the owner of the building D paid the Plaintiff the sum of KRW 94.9 million among the total construction cost of KRW 139.7 million (the increased contract amount of KRW 127 million + the value-added tax amount of KRW 12.7 million) as follows:
① On August 6, 2018, KRW 20,90,000 (2) KRW 32 million on August 31, 2018; KRW 410,000,000 on September 5, 2018 (4) KRW 22,00,000 on September 10, 2018; KRW 42,00,000 on September 10, 2018; KRW 42,00,000 on September 10, 2018; KRW 20,000 on September 10, 201; Nonparty 1,2,3, and 1, and 2; and the purport of the entire pleadings.
2. According to the allegations and the above findings of the determination, the Defendant is obligated to pay the Plaintiff, who completed the panel work in accordance with the instant construction contract, the unpaid construction cost of KRW 44.8 million (=139.7 million - the construction cost already paid KRW 94.9 million) and the delay damages therefrom, unless there are special circumstances.
In this regard, the defendant needs to negotiate with D, the owner of the building for the construction of the above E-building that was contracted and constructed by D, since the plaintiff acted in favor of D with D and eventually, the defendant is proceeding to pay the construction price against D. Thus, it is against the plaintiff.