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1. The Defendant shall pay the Plaintiff KRW 57,450,00 and the interest rate of KRW 15% per annum from February 7, 2017 to the date of full payment.
Reasons
1. On July 24, 2015, the Plaintiff was awarded a subcontract for waterproof construction works among the new construction works of A tenement housing (including value-added tax), the construction period of KRW 213,400,00 (including value-added tax) from July 24, 2015 to March 1, 2016, and the liquidated damages rate of KRW 0.3% from July 28, 2016, and the said construction period was changed from July 24, 2015 to June 28, 2016. The Plaintiff was paid KRW 179,700,000 out of the construction price to the said construction works. On July 3, 2013, the Plaintiff was paid KRW 179,700,000 from the construction price.
B. On October 1, 2016, the Plaintiff, among the construction works for constructing a 00 urban-type residential house, performed construction works worth KRW 17,700,000 on a subcontract by setting the construction cost of KRW 23,920,00 (including value-added tax) and the construction period of KRW 17,70,000 on a subcontract from October 1, 2016 to December 3, 2016.
C. The Plaintiff was awarded a subcontract for the Defendant’s Roof Bluan repair work located in the Defendant’s site at the construction site of the date Bluan, and performed construction works worth KRW 6,050,000.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including each number), the purport of the whole pleadings
2. Judgment on the parties' arguments
A. According to the above facts finding as to the plaintiff's cause of claim, the defendant shall pay to the plaintiff the total amount of KRW 57,450,000 (=213,400,000 - 179,700,000 won - KRW 17,700,000) and delay damages therefrom, barring special circumstances.
B. The Defendant’s assertion 1) As to the instant A project, the construction contract entered into on July 24, 2015 is valid, and according to the said initial contract, the said construction period is up to March 1, 2016, the Plaintiff shall be liable to compensate for delay due to the delay in construction, and the Plaintiff shall perform a waterproof construction work on the roof in accordance with the estimate, despite the fact that the Plaintiff is obliged to perform a waterproof construction work on the roof, a defect was caused by a cement dustproof.
B. The Plaintiff shall also carry out a waterproofing construction work on the rooftop in the net urban residential housing construction project.