공사대금
1. The Defendant’s KRW 83,257,288 as well as the Plaintiff’s KRW 6% per annum from June 22, 2017 to January 15, 2019 and January 16, 2019. < Amended by Act No. 15393, Jan. 16, 2019>
1. Facts of recognition;
A. On April 15, 2016, the Plaintiff received a contract from the Defendant for the installation of the Gangwon-do High-gun C and D ground 393.12kW solar power plant (hereinafter “instant construction”) by setting the construction cost of KRW 671 million (including surtax) and the construction period from May 3, 2016 to August 31, 2016.
B. On June 30, 2016, the Plaintiff and the Defendant agreed to increase the construction amount by 5.170,000 won (including surtax) depending on the south of Korea, depending on the power generation volume of solar power plants increased to 396.18kW.
C. The Defendant paid to the Plaintiff KRW 60 million on May 3, 2016, KRW 165 million on May 27, 2016, KRW 10 million on May 27, 2016, KRW 110 million on June 24, 2016, KRW 165 million on June 29, 2016, and KRW 50 million on June 29, 2016.
On July 2016, the Plaintiff completed the instant construction, and delivered the completion document to the Defendant on August 17, 2016, following partial repair work.
E. As to the instant construction works, there are defects such as ① the ground subsidences due to the Plaintiff’s failure to perform the basic civil construction works, and the vertical diameter or horizontal depth of the basic concrete subsidences or solar light mortars, ② the defects constructed without entering the basic concrete, ③ the string construction and pentkes, ④ the defects of solar strings due to the string of steel structure reinforcement works, ⑤ the defects of solar strings are difficult to change, ⑤ solar strings due to the string of solar structure reinforcement works.
[Ground for Recognition: Facts without a partial dispute, Gap evidence 1 (Partial number omitted, hereinafter the same shall apply)
(ii) the statements in Eul evidence Nos. 4, 8, and 9, the images of Eul evidence No. 18, the witness E’s partial testimony, the appraiser F’s appraisal result, the purport of the whole pleadings)
2. According to the above findings of the determination as to the cause of the claim, barring any special circumstance, the Defendant deducted the Plaintiff from the costs necessary to repair defects related to the instant construction work from KRW 177,617 million unpaid to the Plaintiff (= KRW 5710,000,000 - KRW 5710,000) to the costs necessary for the Plaintiff to repair defects related to the instant construction work.