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1. The Defendant’s KRW 18,510,693 as well as the Plaintiff’s annual rate from April 19, 2018 to July 9, 2019.
Reasons
1. Basic facts
A. The Plaintiff is an autonomous decision-making body that is organized to determine important matters concerning apartment management on behalf of the occupants, etc. of the Seoul Special Metropolitan City, Nowon-gu A apartment (hereinafter “instant apartment”).
B. Around May 2016, the Plaintiff issued a public announcement of the instant apartment construction project for waterproofing construction. On May 19, 2016, the Plaintiff entered into a contract with the Defendant and the construction cost of KRW 239,575,400, the construction period, from May 23, 2016 to June 30, 2016 (hereinafter “instant construction contract”).
C. The Defendant completed the construction work under the instant construction contract, and received the full amount of the construction cost under the said contract from the Plaintiff.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, purport of whole pleadings
2. Summary of the parties’ assertion
A. According to the instant construction contract concluded between the Plaintiff and the Defendant’s assertion, at least three meters of the size of waterproof construction works, there were defects such as executing construction works so that the Defendant falls short of this, even though it is necessary to capture a lerasium with a thickness of 3 meters.
Therefore, the Defendant shall compensate the Plaintiff for the expenses necessary for the above repair of the foregoing defects in KRW 18,510,693. The Defendant shall return KRW 7,287,90,00, which is the profit earned by inserting less than the one to be invested as agreed upon at the time of the instant construction contract, to the Plaintiff.
B. The gist of the Defendant’s assertion was that the instant construction contract included removal of brick fixtures installed in the existing structure to protect exposed pipelines, and covered them with reconfluences with emultan materials.
Accordingly, the Defendant’s expenses of KRW 10,000,000 are more than 13,00,000,000,000, as the expenses incurred in removal of large quantities of special wastes, etc. due to the occurrence of a large quantity of special wastes, etc. during the process of removal.