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1. The Defendant’s KRW 50,000,000 as well as 6% per annum from July 28, 2014 to January 12, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. Permission for extension on December 3, 2010 and permission for alteration of use on May 26, 2011) The Defendant, on the ground other than 66С, Jeonnam-gun, New-gun, Jeonnam-gun, for the purpose of adding guest rooms, during the operation of the Embelel with the first underground floor and the first floor, the first floor and seven guest rooms on the ground.
(1) The design drawings which were requested to design and which were built of reinforced concrete bearing wall structure through Saturdays (hereinafter “the first permit drawings”).
Based on the foregoing, the building 2 and 3 shall be extended, 22 guest rooms shall be added, and the use thereof shall be applied for permission of extension on December 3, 2010 (hereinafter referred to as the “instant extension construction”) with the permission of extension granted on the basis of “Class 1 neighborhood living facilities (retail stores) / accommodation facilities (inn)” and the extended building shall be referred to as the “instant building.”
(2) On May 26, 2011, the Defendant obtained a permit to change the use of the instant building into a single house (multi-family house) (the design drawing was also changed following the said change of use; hereinafter “the first changed drawings”); and on June 14, 2011, filed a report on the commencement of construction by designating the contractor as the Plaintiff and supervisor as F (affiliated architect).
B. On December 30, 201, the Defendant entered into a contract between the Defendant and G with G engaging in a construction business under the trade name of H (representative I) and paid the instant extended construction cost of KRW 560 million (in advance, KRW 50 million, KRW 50 million on January 31, 2012, KRW 100 million after the 3rd floor slab works, KRW 100 million after the 3rd floor slab works, KRW 100 million after the completion of the rooftop, and KRW 260 million upon the completion of the construction), the construction period from January 10, 2012 to April 30, 201, and KRW 50 million as advance payment.
C. On February 4, 2012, while entering into the instant extension project, G, such as the conclusion of the contract between the Defendant and J, notified the Defendant that he would suspend the construction and waive the construction.
Accordingly, the defendant shall complete the instant extension work by G.