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1. The defendant shall pay 102,502,00 won to the plaintiff and 20% per annum from October 11, 2013 to the day of complete payment.
Reasons
Basic Facts
The plaintiff, as a business operator who performs the Dog and floor construction in the name of "B", was awarded a contract with the defendant, a construction company, for construction works, to perform the Dog and floor construction works. On April 29, 2013, the defendant prepared and executed a written confirmation (Evidence A 1; hereinafter referred to as the "written confirmation") stating the following in relation to the payment of the construction price sealed during the period to the plaintiff:
Item B: Items 102,502,00 won - accompanied estimate of the unpaid construction cost: The above amount is the cost of construction work executed at the site of the construction work in the remote area construction and the Onnuri Construction Co., Ltd. (the defendant of this case) in B (the plaintiff of this case), but it is confirmed that the amount should be paid in installments as the cost of construction work in the field of the construction work in the remote area construction and the Onnuri Construction Co., Ltd. (the defendant of this case).
In addition, A Dong, B, and E, F Dong, G Dong, and G Dong will pay an amount equivalent to 70 to 80% of the completion of the Dong, Fdong, G Dong, and C, D, and H Dong within 15 days after completion of the Dong.
The president has provided a lot of understanding with a thickness.
As alleged by the parties, the instant confirmation statement states that the sum of KRW 102,502,00 in the written estimate attached to the written confirmation (hereinafter “the instant construction cost”) and the construction cost executed at C site (hereinafter “C construction cost”) shall be paid. The Plaintiff asserts that KRW 102,50,000 in the instant construction cost is claimed as a separate claim from C construction cost. On the contrary, the Defendant asserts that KRW 102,502,00 in the instant construction cost is included in C construction cost.
Judgment
The construction cost of 102,502,00 won in the instant case is separate from C’s construction cost, and is separate from C’s construction cost or separate from C’s construction cost, based on the health class, Gap’s Nos. 1, 4, 5, 7 (including the serial number), and Eul’s No. 1.