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1. The defendant shall pay 26,751,500 won to the plaintiff and 20% per annum from July 30, 2013 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On February 27, 2013, the Korea hydroelectric Power Co., Ltd. entered into a contract with the Defendant to contract monthly 1,165,788,900 won (including value-added tax) for the construction of monthly 1st century B with the Defendant.
B. On March 8, 2013, the Defendant entered into a subcontract (hereinafter “instant subcontract”). On May 7, 2013, the Plaintiff entered into a contract with the Plaintiff to modify the contents of the instant subcontract (hereinafter “instant subcontract”) on the following grounds: (a) the Plaintiff entered into a contract with the content of the instant subcontract, i.e., the performance of non-intermediating construction works among the aforementioned Dosesesese works (including value-added tax) at KRW 154,00,000 (including value-added tax).
C. Around May 14, 2013, the Plaintiff completed the instant modified subcontract. On April 26, 2013, the date before the completion of the said modified subcontract, the Defendant paid KRW 60,000 to the Plaintiff as advance payment, and KRW 61,135,00 in total, to the 26 workers who provided labor during the said non-contractor’s process from August 29, 2013 to December 24, 2013, the Plaintiff paid KRW 6,113,500 equivalent to the value-added tax on the said wage paid to the Plaintiff.
[Ground of recognition] The fact that there is no dispute, Gap's 3, 4, 9, and Eul's 1 (in the case of documentary evidence with several numbers, including branch numbers) and the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the balance of the construction cost under the instant modified subcontract (i.e., KRW 26,751,500,000 (i.e., KRW 154,000,000 - 60,000 - 61,135,000 - 6135,113,500) and damages for delay.
B. The defendant's assertion (1) The defendant reduced the total quantity of construction work contracted by the Korea Telecommunication Co., Ltd. due to the modification of design, and the construction work price according to the said reduction also has been paid.