가. 원고는 토목건축공사업 등을 목적으로 설립된 회사이다.

B. On June 16, 2011, the Plaintiff determined the construction cost of KRW 12 million from the Defendant as the value-added tax (excluding value-added tax) and was awarded a contract for the construction of building B on the ground of racing-si (hereinafter “instant construction”).

C. Before December 2, 2011, the Plaintiff completed the instant construction, and delivered the building indicated in the attached Form (hereinafter “instant building”) to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination

A. According to the above, the defendant is obligated to pay to the plaintiff the remaining construction cost of KRW 2 million after deducting KRW 100 million paid by the plaintiff from the construction cost of KRW 12 million.

In regard to this, the defendant alleged that the plaintiff's defect occurred in the course of carrying out the construction of this case, and that the defect repair cost exceeds 2.3.5 million won, and thus the plaintiff's claim cannot be complied with. However, the evidence submitted by the defendant alone is insufficient to admit the defendant's argument, and there is no other evidence

B. The Plaintiff asserted that the Defendant is obligated to pay the additional construction cost of the instant construction cost of KRW 3.5 million to the Plaintiff, and that the Defendant is obligated to pay the additional construction cost of KRW 3.5 million to the Plaintiff. However, the evidence submitted by the Plaintiff alone is insufficient to acknowledge this, and there is no other evidence to acknowledge this differently. Therefore, the Plaintiff’s assertion

C. Therefore, the Defendant is obligated to pay to the Plaintiff the construction cost of KRW 2 million and the damages for delay calculated at the rate of 6% per annum under the Commercial Act from December 2, 2011 to November 8, 2013, which is the date when the judgment was rendered from November 2, 2011, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date when the payment is completed.

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