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1. The Defendant’s KRW 64,571,721 as well as the Plaintiff’s KRW 5% per annum from October 13, 2014 to August 19, 2015.
Reasons
1. Basic facts
A. On September 16, 2013, the Plaintiff entered into a contract with the Defendant for the construction cost of KRW 235 million with respect to the construction cost, and the construction period from September 16, 2013 to December 31, 2013, Sejong Special Self-Governing City C with respect to the Construction of Housing Units (hereinafter “instant Construction”).
B. From September 16, 2013 to February 24, 2014, the Plaintiff paid the Defendant KRW 212,350,000 as the construction price.
C. During the instant construction project, there was a dispute as to whether the details of the construction contract were added between the Plaintiff and the Defendant, but the Defendant suspended construction on the ground that the Plaintiff was refusing to pay the additional construction cost despite the addition of a large amount of expenses, and on March 25, 2014, the Plaintiff sent content-certified mail to the effect that the construction contract was revoked on the ground that the Defendant ceased construction without justifiable grounds.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 6, the purport of the whole pleadings
2. As to the claim for refund of the construction cost paid in excess
A. (1) The Defendant submitted to the Plaintiff a design drawing (No. 11 certificate; hereinafter “the design drawing before the second consultation”) revised by one-lane around September 2013, which was prior to the conclusion of the instant construction contract. The Plaintiff and the Defendant submitted to the Plaintiff a design drawing for obtaining a building permit around October 2013.
(2) A final and conclusive determination was made. (2) Based on the design drawings, the construction work completed by the Defendant and the ratio of 59.54% is 59.54%, and the Plaintiff itself recognizes the fact that the Defendant additionally performed the construction work equivalent to KRW 10 million. (The additional construction work cost and the construction cost to be reduced that are not included in the design drawings during the construction work performed by the Defendant is as follows, and the construction cost to be reduced from the Defendant’s flag and construction cost to be reduced is KRW 1,240,721.
The floor of a rooftop shall be changed from the board to the reinforcement floor: addition.