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1. The Defendant’s KRW 65,915,200 as well as 5% per annum from December 1, 2014 to July 17, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. The pertinent Plaintiff is a company with the purpose of electrical construction business, and the Defendant is a company with the main interest in new and renewable energy.
B. The Plaintiff concluded a construction contract, the Plaintiff’s succession to the subcontractor, and the completion of construction (1) the Defendant was awarded a contract with Nonparty A, etc. for construction of storage and solar power plants on the land, including the following city B, C, and D, three times from March 26, 2014.
(2) On June 6, 2014, Nonparty 1, Inc., Ltd., concluded a subcontract construction contract with the Defendant, setting the price for new warehouse construction and electricity-related construction works among the construction works that the Defendant contracted as above (Additional No. 223,800,000).
(3) On July 2014, the Plaintiff entered into a contract with the Defendant to succeed to the status of the contractor under the above subcontract contract of the New Tech Co., Ltd.
(4) On October 3, 2014, the Plaintiff entered into a separate subcontract agreement with the Defendant on the construction of warehouse and the construction of electricity-related parts among the construction works that the Defendant contracted by Nonparty A, etc., with the Defendant, for a further subcontract agreement of KRW 106,60,000 (Additional Tax Division).
(5) The total construction cost under the subcontract construction contract and additional subcontract construction contract entered into between the Plaintiff and the Defendant is KRW 363,440,000, including value added tax (i.e., KRW 330,400,000).
(6) On November 30, 2014, the Plaintiff completed all of the construction works, excluding the installation of solar batteries among the above subcontracted construction works and the additional subcontracted construction works (hereinafter “instant contracted construction”).
C. From June 1, 2014 to October 13 of the same year, the Defendant paid a total of KRW 287,000,000 as construction cost.
In light of the fact that the contract work in this case is almost completed stage, appraiser E appears to be a matter that is unreasonable to compute the work progress in the reverse context through the calculation of the value of the remaining work, the agreement between the Plaintiff and the Defendant is reached.