beta
Text
1. The defendant shall pay 354,331,930 won to the plaintiff and 20% per annum from September 28, 2013 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On April 15, 2013, UN General Construction Co., Ltd. (hereinafter “Nice General Construction”) entered into a contract with the Defendant for the construction of DNA wedding and neighborhood living facilities (hereinafter “instant contract”). According to the instant contract, according to the contract, the date of commencement was October 25, 2012; the date of completion was determined as KRW 8,929,80,000 (including KRW 81,800,000,000) for construction work; and the construction cost was determined as KRW 81,80,000 for construction work.
B. On April 30, 2013, Nice General Construction undertaken the instant construction project under the instant contract and completed the instant construction project.
C. On June 28, 2013, the Plaintiff received a claim attachment and assignment order (hereinafter “instant assignment order”) against KRW 354,331,930 out of the claim for construction payment from the Defendant under the instant contract, based on the authentic copy of the authentic deed of debt repayment (quasi-loan for Consumption) agreement, No. 255, 2013, which was executed by a notary public, holding with respect to UN General Construction, on the basis of the authentic copy of the authentic deed of debt payment (quasi-Loan for Consumption) agreement, which was executed by the Daejeon District Court, Daejeon District Court Branch Branch Branch 2013TTY 5096. The instant assignment order became final and conclusive on July 17, 2013 after the delivery to the Defendant on July 1, 2013.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 1 and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s alleged construction was an additional construction work equivalent to KRW 1,073,080,250, other than the construction work under the instant contract (i.e., the supplementary construction work of KRW 22,600,000,000, which was enclosed by the ancillary civil construction work of KRW 288,000,000, the additional construction work of KRW 22,600,110,000, the average settlement of KRW 618,817,50,000, the value-added tax of KRW 97,52,750, which was not paid by the Defendant).
In addition, the defendant is the name of the construction cost from the Industrial Bank from among the construction cost under the contract of this case.