손해배상(기)
1. The Defendant’s KRW 69,220,527 against the Plaintiffs and 5% per annum from October 1, 2015 to April 12, 2017.
1. On October 7, 2012, the Plaintiffs awarded a contract to the Defendant for the new construction of D-ground Housing (hereinafter “instant building”) in Sungnam-gu, Sungnam-si (hereinafter “instant building”) at KRW 465 million.
At the time of the above contract, the plaintiffs and the defendant agreed to settle the accounts at the time of increase, decrease, or change in quantity.
The Defendant completed the construction of the instant building and received a pre-use inspection on July 29, 2013.
However, it was revealed that the building of this case did not construct the parts to be constructed in accordance with the design drawing, or did not construct the parts differently from the design drawing, or that there was a defect in the construction differently from the design drawing attached to the contract.
Accordingly, the plaintiffs requested the defendant to repair the defects and return the price, but the defendant rejected the request.
As a result of the appraisal, the cost of repairing defects arising from the defective construction is KRW 38,732,161 (i.e., the modified construction part of KRW 19,784,280) and the cost of construction for the portion of the defective construction that was executed or failed to be executed differently from the design drawings (i.e., the modified construction part of KRW 19,784,280) and the cost of construction for the portion of the defective construction differently from the estimate attached to the contract is KRW 38,368,160, total of KRW 81,124,427.
【In the absence of dispute, the Defendant is obligated to pay the Plaintiffs the remainder of KRW 73,124,427, excluding the amount of construction work paid to the Plaintiffs in the amount of KRW 81,124,427, as compensation for damages in lieu of the repair of defects, barring special circumstances, according to the overall purport of the pleading, as a result of the fact that there is no dispute, Gap 1-4 evidence, and appraiser E’s appraisal result, and damages for delay.
2. The defendant's defense asserts that, in addition to the construction cost of eight million won not paid by the plaintiffs as the plaintiffs, the construction cost of 3,903,90 won, national housing bond cost of 23,090 won, license tax of 27,00 won, water supply construction cost of 1,531,00 won, total of 5,484,90 won, and total of 5,90 won shall be deducted.
First of all, Schedule 2.