공사대금
1. The Defendant shall pay to the Plaintiff KRW 26,00,000 and the interest rate of KRW 15% per annum from March 22, 2016 to the day of complete payment.
1. Comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 1 through 4 as to the cause of the claim, the plaintiff was awarded a contract by the defendant for installation works on August 18, 2014, setting the construction cost of KRW 46,00,000, and the defect repair period of KRW 12 months from the date of completion of the construction work, and the plaintiff completed construction works on August 2014 and received KRW 20,000,000 from the defendant among the construction payment.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the amount of KRW 26,00,000 for the remainder of the construction project (=46,000,000 - 20,000) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from March 22, 2016 to the day of full payment, which is the day following the delivery date of the instant payment order sought by the Plaintiff.
2. Judgment on the defendant's assertion
A. As to this, the Defendant asserted that the term agreement in the middle and high-term system constructed by the Plaintiff was not a three-year product, but a seven-year product, which was not the first agreed three-year product, and that the request for repair and replacement of the product was made, but the Plaintiff did not comply with the request.
B. There is a defect in the products installed by the Plaintiff only with the images of the evidence Nos. 1 (including the paper number)
(2) The defendant's damages incurred to the defendant due to the above defects are not recognized, and there is no other evidence to acknowledge them.
Even if the Plaintiff’s liability for damages arising from defect repair is acknowledged as alleged by the Defendant, the fact that the Plaintiff completed the construction work around August 2014 is as seen earlier. As long as there is no evidence to prove that the Defendant requested the Plaintiff to repair the defect within the exclusion period of one year under Article 670(1) of the Civil Act from August 2014 to August 1, 2014, the Defendant’s right to claim damages arising from the defect to the Plaintiff was extinguished by the lapse of the removal period.