공사대금 반환 등
1. The Defendant’s KRW 3,683,492 as well as 5% per annum from October 3, 2013 to January 8, 2015 to the Plaintiff.
On June 6, 2013, the Plaintiff, which caused the Plaintiff’s assertion, contracted the Defendant with the construction cost of KRW 48 million for remodeling construction of multi-household housing 66.83 square meters and 62.01 square meters on the second floor of Seo-gu Busan, Seo-gu, Busan, which is owned by the Plaintiff (hereinafter “instant housing”).
(A) Evidence No. 2 and the above contract between the Plaintiff and the Defendant (hereinafter “instant contract”). However, the Defendant incurred damages equivalent to KRW 25,332,597 in total to the Plaintiff due to defects in the part of the construction work that was partially unconstruction or executed under the instant contract. The details are as follows.
The Defendant is obligated to pay 25,332,597 won and damages for delay to the Plaintiff, in accordance with the cost of the separate construction work cost of KRW 12,953,00,00 as the repair cost of KRW 1,346,316 for the defect repair in the construction cost of KRW 8,980,288 for the non-construction cost of KRW 25,332,597 for the non-construction cost.
In excess of the non-construction cost and defect repair cost recognized as a result of the appraisal conducted in the course of the pleadings in this case regarding the expenses for the supplementary construction works alleged by the defendant's assertion, the expenses for the supplementary construction works separately disbursed by the plaintiff are either the expenses included in the above appraisal result or the expenses beyond the scope of the contract in this case. Therefore, the defendant is not liable for compensation.
The Plaintiff shall be entitled to the deduction of the amount of the non-paid construction cost under the instant contract, as the Plaintiff paid only KRW 45.6 million among the construction cost under the instant contract, and did not pay the remainder of KRW 2.4 million.
(A) The Plaintiff asserts that the Plaintiff paid KRW 2 million to the Defendant on July 18, 2013 as construction cost under the instant contract. However, this is merely a fact that the Plaintiff requested construction by changing the floor of the building from the door to the reinforcement floor, unlike as otherwise stipulated in the initial contract, and received additional expenses. The Plaintiff’s unpaid construction cost is still KRW 2.4 million. The Defendant deducted additional construction cost.