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1. The Defendant shall pay to the Plaintiff KRW 53,194,200 and the interest rate of KRW 15% per annum from November 2, 2016 to the day of complete payment.
Reasons
1. Basic facts
A. On March 27, 2016, the Plaintiff entered into a contract with the Defendant to enter into a construction agreement with the content that the Plaintiff subcontracts to the Defendant, setting the construction period of 16 households among the new construction works for a multi-household house 32 households on the ground C (hereinafter “instant construction works”) from April 1, 2016 to May 31, 2016, with the construction period of KRW 157 million. On June 3, 2016, the Plaintiff entered into a contract with the Defendant to extend the construction period to July 10, 2016 (hereinafter “instant construction contract”).
B. The Plaintiff paid the Defendant the construction cost of KRW 112,021,00 ( KRW 77,700,000 directly paid to the Defendant, and the remainder of KRW 34,951,00 to the Defendant’s employees). Around July 21, 2016, the Defendant suspended the instant construction work.
C. The height rate of the instant construction project undertaken by the Defendant around July 21, 2016 is approximately 45%, and accordingly, the construction cost is KRW 7,0650,000 (= contract price of KRW 157 million x 45%).
On the other hand, the Defendant leased the Plaintiff’s crypt from the Plaintiff’s crypt site in Jeju-si D and used it at another construction site of the Defendant located in Jeju-si E, but did not pay a rent of KRW 3.6 million to the Plaintiff. As the Plaintiff did not return the crypt, the Plaintiff requested the Central Railroad to transport the cryp site to the said cryp site using the cryp truck, and 4.4 million won was required for the expenses incurred therefrom.
In addition, the Defendant did not pay the labor cost to F, G, H, and I as his employee, and the Plaintiff directly paid the said F, etc. the labor cost of July 2016 on behalf of the Defendant.
In addition, when the defendant pays labor expenses to workers, he did not return the amount of labor income tax to the plaintiff, even though he agreed to pay the amount of labor income tax after deducting the amount of labor income tax, which is 563,200 won.
[Ground of recognition] There is no dispute.