손해배상 등
1. The Defendant (Counterclaim Plaintiff) paid KRW 20,515,239 to the Plaintiff (Counterclaim Defendant) and the amount from September 14, 2016 to January 24, 2019.
1. On April 30, 2015, the Plaintiff entered into a construction contract (hereinafter referred to as “instant construction contract”) with the Defendant and the Defendant for the construction of the multi-family house C on the ground (hereinafter referred to as “instant building”) (hereinafter referred to as “instant construction project”) on a fixed basis as the construction cost of KRW 510 million, and as of September 30, 2015 on a completion date, to which the Defendant will contract for the construction work (hereinafter referred to as “instant construction contract”).
After that, the Plaintiff paid to the Defendant additional KRW 10 million due to the change in the method of destroying underground base structures, and KRW 16 million due to the natural construction cost. -
On November 10, 2015, the Plaintiff occupied the instant building in advance, and the completion of the instant building was completed on December 2, 2015.
The Plaintiff paid a total of KRW 500 million to the Defendant for the instant construction cost.
[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 3 evidence, purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. Determination as to the claim for damages in lieu of defect repairs 1) Appraisal Results of appraiser D's defect appraisal results and the part of appraiser D's dispute on the defendant's defect appraisal as shown in attached Table 1 and attached Table 2. Accordingly, among the defect appraisal in attached Form 1, the defendant included the construction cost of (1) defect repair construction cost of more than 1,749,519 won in main 8 (2) repair work cost of main 1,749,519 won in main 1,749,519 won in main 1,749,343 won in main 2,30,395 won in main 2,30,395 won in main 2,30,330, 161,737 won in the main 3) defect repair of defective materials, it is clear that the construction cost of the above 1,716,7165 won in the main 16,7165 won in the main 196,7516.
The defendant's construction cost for the appraisal of additional defects in attached Form 2.