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1. The Defendant’s KRW 94,230,748 as well as the Plaintiff’s annual rate of KRW 6% from July 7, 2012 to December 27, 2013, and December 12, 2013.
Reasons
1. Basic facts
A. The Plaintiff was awarded a contract with the Defendant for the construction work of constructing a new factory on the land of the Defendant (hereinafter “instant construction work”). With respect to the instant construction work between the Plaintiff and the Defendant, a construction contract signed on October 28, 2010, stating the construction cost of KRW 1,350,000,000 (excluding value-added tax) and the construction cost of KRW 950,000 (excluding value-added tax), respectively, on November 16, 2010, respectively.
B. After that, the Plaintiff completed the instant construction, and the Defendant obtained approval for the use of the instant factory on May 27, 2011.
[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1-1, the purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiff asserts that the construction cost of the construction of this case is KRW 1,350,00,00 as stated in the contract No. 1, and that the defendant paid only KRW 865,760,252 as the construction cost of this case to the plaintiff. Thus, the defendant is obligated to pay the plaintiff the unpaid construction cost of KRW 619,239,748 (= value added tax of KRW 1,350,000,000 - KRW 865,760,252).
In regard to this, the Defendant asserts that the construction cost of the instant construction project is KRW 950,00,000 (excluding value added tax) as stated in the contract form No. 2, and that the Defendant paid the Plaintiff a total of KRW 906,389,032 as the construction cost of the instant construction project, the Defendant’s unpaid construction cost is KRW 138,610,968 (= value added tax of KRW 950,000,000 - KRW 95,000,000 - KRW 906,389,032).
B. 1) Determination 1) The fact that the contract was made on October 28, 2010 with respect to the instant construction project in the form of KRW 1,350,000 (excluding value-added tax) was written as of October 28, 2010 is as seen earlier, and the Plaintiff added the purport of the entire pleadings in each of the entry in the evidence No. 7-1 through No. 15.