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1. The Defendant’s KRW 477,692,223 as well as 5% per annum from January 26, 2010 to October 25, 2012 to the Plaintiff.
Reasons
1. Basic facts
A. On May 19, 2009, the Defendant received a contract from the Defendant on May 19, 2009 (hereinafter “B”) for the site creation work for the construction of a logistics warehouse in the Gandong-gun, Sung-gun, Sung-gun (including value-added tax), with the construction cost of KRW 1,870,000 (including value-added tax) and the construction period from May 26, 2009 to November 25, 2009. On May 28, 2009, the Plaintiff received the subcontract from the Defendant on May 1, 178, 100,000 (including value-added tax) for the construction work for the construction of the said site, and from May 28, 2009 to November 25, 2009 (hereinafter “instant subcontract”).
B. The Plaintiff commenced the instant construction from May 19, 2009.
The defendant temporarily employed D, who was an employee of the plaintiff (the Vice Minister of Technology), as an employee of the defendant in relation to the construction of this case, and has been in charge of the field director.
C. However, at the time of concluding each of the above contracts between B and the Defendant, and the Plaintiff, the volume and construction cost were calculated on the basis of the design drawings prepared by B. The design drawings do not properly reflect the original state, and the quantity calculated on the basis of the above design drawings also shows a significant difference from the actual quantity.
During the construction of the instant case, the Plaintiff suspended the construction work on October 2009, and the amount of the flag price claimed to the Defendant up to that time is as follows.
Before June 30, 2009, 27,000 advance payment of 27,00,000 advance payment around June 30, 2009 (Evidence A-1) 468,600,000 up to July 30, 2009 (Evidence A-2) 610,700,000 advance payment (Evidence A-4-3) around August 31, 2009, 610,70,0003 advance payment request (Evidence A-4-4) around September 30, 209
E. The Defendant paid KRW 957,704,817 (excluding value-added tax) to the Plaintiff as indicated below.
The amount payable on June 11, 2009, the payment date (won) additional tax exemption (won) is non-fixed.