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1. The Defendant: (a) KRW 6,700,000 for the Plaintiff and 6% per annum from October 8, 2016 to November 24, 2017; and (b) November 25, 2017 for the Plaintiff.
Reasons
1. Basic facts
A. On December 24, 2015, the Plaintiff entered into a contract with the Defendant on December 24, 2015, setting the contract amount of KRW 27,980,000 of the contract amount with respect to the construction work for the Nowon-gu Seoul Metropolitan Government Nowon-gu for the construction work for the Nowon Red Cross (hereinafter “instant construction work”). The Plaintiff agreed to pay the construction cost as follows.
Contract deposit (52%) 14,680,000 won: The first intermediate payment (28%) 7,980,000 won paid on December 24, 2015: The second intermediate payment (10% of the contract price) 2,660,00 won paid at the progress of construction 50%: The remainder payment (10% of the contract price) 2,660,000 won after completion of construction: the payment on February 19, 2015.
B. On December 24, 2015, the Plaintiff paid KRW 13,300,000 to the Defendant and KRW 1,380,000 on January 22, 2016.
C. Meanwhile, on February 4, 2016, D, which carried out construction work on the part of the Defendant, prepared a written rejection of the waiver of construction work at the Plaintiff’s request and delivered it to the Plaintiff.
[Ground of recognition] Gap evidence 1 to 4 (including paper numbers; hereinafter the same shall apply), Eul evidence 6, the purport of the whole pleadings
2. Assertion and determination
A. 1) The Plaintiff’s assertion 1) paid in advance construction cost of KRW 14,680,00 to the Plaintiff, and the Defendant suspended construction work at the construction site of this case. On February 4, 2016, the Plaintiff waived the construction work. The Defendant is obligated to return to the Plaintiff KRW 6,70,000, excluding KRW 7,980,000, which was brought from the construction cost of KRW 14,680,000. In addition, the Plaintiff concluded a contract again with another construction company at the wind that the Defendant waivers the construction work without implementing the construction contract. In the process, the Plaintiff leased the building outer wall structure installed to carry out the construction work for an additional period of one month, and thereby, the Defendant sustained damages that the Plaintiff sustained, as above, the Defendant is liable to compensate for damages incurred to the Plaintiff at least 16,650,000,000.