A. On March 8, 2016, the Plaintiff entered into a contract with the Defendants for interior interior interior interior interior interior interior interior interior interior interior interior decoration (hereinafter “instant construction”) with respect to D apartment of Dongdaemun-gu Seoul Metropolitan Government 108 Dong 2005 (hereinafter “instant written estimate”) with the Defendants, the construction cost of KRW 65 million (excluding value-added tax) and the construction period of March 31, 2016. The details of the written estimate (hereinafter “instant written estimate”) written at the time are as shown in attached Table 1.

B. The Defendants paid the Plaintiff KRW 58 million out of the construction cost.

C. The Plaintiff, on behalf of the Defendants, paid KRW 230,00 to the above apartment management office with the apartment elevator usage fee for the artificial park construction.

The Defendants moved into the above apartment on March 30, 2016.

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

2. Determination on the cause of the claim

A. (1) The Plaintiff’s assertion was completed, and the Defendants are jointly and severally liable to pay to the Plaintiff the remaining construction cost of KRW 7 million, value-added tax, and elevator usage fee of KRW 6.5 million, and KRW 280,000,000.

(2) (A) If the process of new construction of a building is completed and the main structure is constructed as agreed, the construction is completed, and even if there is a part of the non-construction, it is merely a defect in the building.

(see, e.g., Supreme Court Decision 2008Da18932, Jun. 25, 2009). When the construction is completed, a contractor’s claim for the construction price of a part of the non-execution defect is established, and the contractor can only file a claim for damages in lieu of a defect repair claim or defect repair as to the said part of the defect.

(B) In light of the above legal principles, the Defendants moved into an apartment on March 30, 2016, as seen earlier, and in light of this, the instant case.