공사대금
The judgment of the first instance shall be modified as follows:
Of the instant lawsuits, the part demanding the payment of KRW 42,341,090.
1. The following facts may be acknowledged in full view of the statements in Gap evidence 1 to 5, 10, and Eul evidence 1 and 2 (including the branch numbers if there are several numbers) and the purport of the entire pleadings as a result of the appraisal of defects by the first instance appraiser D.
The plaintiff is a corporation established with the purpose of interior fishery, architectural design business, etc.
B. On March 15, 2016, the Plaintiff entered into a construction contract with the Defendant, setting the construction cost of KRW 369,50,000 (excluding value-added tax) for the construction of multi-family houses and neighborhood living facilities (hereinafter “instant building”) on the land owned by the Defendant, Dongjak-gu Seoul Metropolitan Government (hereinafter “instant building”) on the construction site as the construction cost of KRW 369,50,000 (excluding value-added tax) and five months from the commencement date of the construction period, and commenced the instant new construction project on April 6, 2016.
C. Around August 2016, the Plaintiff entered into an additional contract for construction works with the Defendant to perform internal installation works within the instant building household (hereinafter “instant interior installation works”) and the Defendant to pay KRW 108,200,000 as the construction cost.
After completing the instant new construction project and the interior facility construction, the Plaintiff delivered the instant building to the Defendant, and obtained approval for use on November 2, 2016.
E. The Plaintiff paid for KRW 2,618,00 for the construction cost and charges for water supply of the water supply facilities to be borne by the Defendant; KRW 1,210,00 for the Korea Electric Power Corporation; KRW 321,60 for the water supply facilities to be borne by the Defendant; KRW 4,149,600 for the water supply facilities to be borne by the Defendant; and KRW 965,00 for the water supply facilities installed in the Defendant’s residential household.
F. The construction cost for the instant new construction project and the interior facility construction is KRW 477,700,000 in total (= KRW 369,500,000). The Plaintiff received KRW 407,500,000 out of the said construction cost from the Defendant until January 11, 2017.
G. Meanwhile, there was a defect in water leakage, etc. in the instant building constructed by the Plaintiff.