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1. The Defendant paid KRW 54,341,00 to the Plaintiff KRW 6% per annum from February 14, 2019 to January 2, 2020.
Reasons
1. The following facts can be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) the entries or images of the evidence No. 1; and (c) the fact inquiry results with respect to the C Co., Ltd. of this Court (hereinafter “C”).
D Around May 2018, D Co., Ltd. (hereinafter referred to as “D”) entered into a contract with the Defendant, who is engaged in the business in the name of “E” and entered into a contract with the Defendant to provide a pressure entry project in the part of approximately 60 meters of the city gas pipeline construction works of “F” hotel in Yangyang-si (hereinafter referred to as “instant construction project”) that covers G to KRW 95,00,000 (excluding value-added tax).
B. On May 2018, the Defendant performed the instant construction work, and the ground subsidences due to the separation of groundwater, etc., and requested the Plaintiff to perform the instant repair work (hereinafter “instant repair work”). From May 30, 2018 to June 13, 2018, the Plaintiff performed the instant repair work by using the relevant Gaing method, etc. from May 30, 2018 to June 13, 2018.
2. The assertion and judgment
A. The gist of the parties’ assertion (1) The Defendant agreed to pay the construction cost according to the construction cost actually incurred after the completion of the construction, taking into account the following: (a) the Plaintiff’s request for the instant repair work; (b) the level of urgency of the construction work and the specific details thereof are difficult to determine; and accordingly, (c) the Plaintiff performed the instant repair work by June 13, 2018; and (d) the Defendant ordered the Plaintiff to terminate the instant repair work on the ground of the schedule of the instant construction work without completing the blocking of groundwater and the strengthening of ground. Accordingly, the instant repair work was completed.
The construction cost of the instant repair project performed by the Plaintiff was 54,341,000 won in total.
Accordingly, the plaintiff filed a claim against the defendant for the payment of the above construction cost of KRW 54,341,00, and the defendant is from D.