공사대금
1. The defendant shall pay to the plaintiff KRW 39,060,000 per annum from January 1, 2018 to September 7, 2018 and the next day.
1. Comprehensively taking account of the purport of Gap evidence No. 1 and all pleadings as to the cause of the claim, the plaintiff and the defendant entered into a standard subcontract with the value of the windows and glass construction among the newly constructed construction works of building E in Seongbuk-gu, Seongbuk-gu, Sungnam-si, Sung-nam, with the value of KRW 93 million (excluding value-added tax) around September 13, 2017, and the plaintiff completed the said construction works thereafter.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff KRW 40,920,00 remaining after subtracting KRW 61,380,000 from the Plaintiff’s 102,30,000,000, which was paid to the Plaintiff.
Therefore, the defendant is obligated to pay the above KRW 39,060,000 among the above KRW 40,920,000 and the delay damages therefor.
2. Judgment on the defendant's assertion
A. The defendant asserts that the compensation for damages due to the delay of construction shall be offset against the damages equivalent thereto, by the plaintiff's delay in the construction work, that the plaintiff had paid compensation for delay to the owner, and that the plaintiff paid additional compensation for delay fees and Han wave heating expenses to the owner.
However, the evidence submitted by the defendant alone is insufficient to prove that the plaintiff's construction was delayed as alleged by the defendant and that the plaintiff suffered damages as claimed by the defendant, and there is no other evidence to acknowledge it.
Therefore, the defendant's argument cannot be accepted.
B. The defendant's assertion of defects further seems to have asserted a set-off based on the defect repair amount equivalent to the defect repair caused by the defect in the part constructed by the plaintiff.
However, it is difficult to see that the entries in Eul evidence Nos. 4 and 5 alone are defective in the part of the defendant's execution, and there is no other evidence to acknowledge it, and there is no evidence to prove at all regarding
Rather, the Defendant.