손해배상(건)
1. The amount exceeding the subsequent order of payment among the judgment of the first instance, including a claim extended at the trial.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The payment method and date of the substitute payment for the fact of recognition: The daily million won, and the intermediate payment of ten million won per June 15 to the end of ten million won: The remainder after completion of the defect repair period by adding the remainder after completion of the construction;
A. On June 4, 2018, the Plaintiff entered into a contract for remodeling construction (hereinafter “instant construction”) with the Defendant and Busan-gu C Housing (hereinafter “instant housing”) with the construction period from June 5, 2018 to June 30, 2018, setting the total construction cost of KRW 26,000,000 as KRW 26,00.
In addition, the contract contains the following contents:
B. The Plaintiff and the Defendant changed the total construction amount into KRW 35,00,000, including the additional construction work, and the Plaintiff paid the Defendant the total construction amount of KRW 3,000,000 on June 4, 2018, as the instant construction work amount, KRW 3,000,000 on June 5, 2018, KRW 7, 2018, KRW 5,000 on June 8, 2018, KRW 5,000,000 on June 18, 2018, KRW 3,000,000,000 on June 22, 2018, KRW 5,000 on June 26, 2018, KRW 5,000,000 on June 26, 200,000 on June 26, 2018, KRW 305,005,005.
C. During the completion of construction, there were problems such as leakage of water, etc., and the Defendant suspended construction on the ground of the circumstance that the Plaintiff and the remaining payment issues were discussed during the construction process, including the repair issues of the relevant part.
On January 10, 2019, the Plaintiff expressed to the Defendant his/her intent to terminate the instant construction work if he/she fails to complete the construction by January 31, 2019 by content-certified mail. On January 18, 2019, the Defendant expressed his/her intention that it cannot complete the construction work without receiving the remainder of KRW 2,500,000, out of the remainder of KRW 4,500 by content-certified mail.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, 7, and 8, and purport of the whole pleadings
2. Determination on the claim for damages in lieu of the Plaintiff’s repair of defects
A. The main point of the party’s assertion was that the Plaintiff suffered defect in the instant house due to the Defendant’s construction work, and the Defendant actually did so to the Plaintiff.