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1. The Defendant shall pay to the Plaintiff KRW 61,426,00 and interest rate of KRW 15% per annum from August 7, 2015 to the date of complete payment.
Reasons
According to the purport of Gap evidence Nos. 1 through 10 and arguments, the plaintiff was awarded a contract for D new construction work with C organization on October 10, 2012. The plaintiff subcontracted 410 million won of D new construction work among the above construction work to the defendant on January 20, 2014. The defendant received advance payment from the plaintiff, and received 459,040,000 won exceeding the above contract amount as a result of receiving subsidies from the ordering agency. Further, the defendant did not actually pay 8,566,00 won of national health insurance premiums, long-term care premiums for the elderly, national pension premiums, general management expenses, and value-added tax thereon, and 3,820,000 won of materials rearrangement and cleaning expenses on behalf of the defendant. Thus, the defendant is obligated to return 80,000 won of the above contract amount to the defendant, 300,000 won of the above contract amount to the defendant, 40,000 won of the above contract amount to the plaintiff.
In regard to this, the defendant alleged that the receipt of the price in excess of the price was based on the premise that the contract was concluded between the plaintiff and the plaintiff, and that the defendant did not have an obligation to return it to the plaintiff, and that the expenses claimed by the plaintiff cannot be deducted from the construction cost. However, there is no evidence to acknowledge it, and the contents of the defendant's assertion are contrary to each of the documents Nos. 6 and 7, and it is not accepted.
Therefore, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.