1. The Defendant’s KRW 7,645,711 as well as the Plaintiff’s annual rate of 5% from October 23, 2018 to September 7, 2020.

Basic Facts

At Jeju, the Defendant contracted the instant construction of detached Housing Co., Ltd. (hereinafter referred to as “D”) to D (hereinafter referred to as “D”), and D, July 17, 2017, set the construction cost as KRW 710,000,000, and subcontracted the said construction to the Plaintiff from July 17, 2017 to December 17, 2017.

(2) The Plaintiff had suspended construction work since January 24, 2018, when there was a dispute between the Plaintiff and the Defendant regarding the progress of construction work, and around January 23, 2018, when the Defendant assaulted the Plaintiff’s employees, the Plaintiff suspended construction work from January 24, 2018.

On February 19, 2018, the Plaintiff filed an application with Jeju District Court 2018Kaga1012 for preservation of the cost of the construction of the instant construction project, and D filed an application for preservation of the non-construction portion and the cost of repair of defects with Jeju District Court 2018Kaga1056 on April 4, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including the provisional number; hereinafter the same shall apply), and the plaintiff's assertion purport of the whole pleadings is liable to pay to the plaintiff the remainder of 145,095,711 won, which deducts the costs of defect repair from 198,94,000 won due to the failure to pay the unpaid construction cost, and the costs of construction directly paid by the defendant to the sub-contractor 3,520,00 won, and damages for delay.

In the case of the unpaid construction cost due to the defendant's assertion, there is no construction cost to be paid by the defendant to the plaintiff unless the repair cost, the construction cost directly paid by the defendant to the sub-contractor, and the compensation for delay.

Judgment

The defendant is also recognized that the defendant is also liable to pay the construction cost calculated according to the dismissal of the subcontractor, before the determination of the unpaid construction cost due to the dismissal of the subcontractor.

The result of the appraiser E's appraisal in the Jeju District Court 2018Kaga1012 was the result of the fact inquiry about the appraiser E in June 3, 2019.