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1. The Defendant: (a) KRW 25,540,000 for the Plaintiff and 5% per annum from November 30, 2016 to November 29, 2017; and (b).
Reasons
1. Basic facts
A. On May 25, 2016, the Plaintiff entered into a contract with the Defendant for a contract with the construction cost of KRW 185,00,000 for the construction work of a neighborhood living facility on the land of Boan-si C, D, and E (hereinafter “instant construction work”). The F, the site manager of the instant construction work, was present as the guarantor.
B. The main contents of the instant construction contract are as follows.
The total construction cost of construction cost of 1/1,000 (185,000 won per day - 200,000 won per day) on July 30, 2016, the total construction cost of 185,00,000 won for delay shall be paid after the contractor bears a prior charge and takes a measure.
1. A contractor shall construct a construction work as soon as possible at his own expense, and the ordering person shall reimburse the contractor through the lease, sale, and sale of the new building;
2. He/she agrees to procure construction costs on the basis of loan documents provided by the project owner when the cost of facilities is insufficient to perform in the course of installation and telecommunications interior works;
3. Expenditures following the increase or decrease of construction costs shall be a design statement and recognize it.
Matters of special agreement
1. The change of the work executor, project owner and contractor shall be changed by mutual cooperation;
3. The contractor shall be liable for suspending the work without permission of the work executor;
5. The project owner shall pay 15,000,000 won when adding the construction cost.
6. When a dispute arises between contracting parties, the judgement of the guarantor shall be given priority.
C. On June 6, 2016, the Plaintiff and the Defendant determined the construction cost of the instant construction as KRW 15,000,000 by reflecting the additional construction cost arising from the design change for septic tanks.
The Plaintiff continued the instant construction work and suspended the construction work around July 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 4 and 5, or the purport of the whole pleadings
2. The parties’ assertion
A. The Plaintiff’s assertion 1 is KRW 100,000,000.