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1. The Plaintiff’s obligation to pay the construction cost under the construction contract concluded on August 29, 201 against the Defendant is KRW 274,302,533.
Reasons
1. Basic facts
A. On August 29, 2011, the Plaintiff concluded a construction contract between the Defendant and Seongbuk-gu, Seoul and two lots of ground neighborhood living facilities, etc. (hereinafter “instant building”) on the construction cost of KRW 1,353,00,000 with respect to the new construction of the instant building.
(hereinafter “instant construction contract”). B.
Under the instant construction contract, the Plaintiff paid a total of KRW 860,000,000 to the Defendant from August 29, 2011 to June 25, 2012, and the current payment of the construction cost is KRW 493,00,000 ( KRW 1,353,000,000 - KRW 860,000).
C. Meanwhile, the Plaintiff obtained approval for use of the instant building on May 25, 2012.
[Ground of recognition] Facts without dispute, Gap evidence 16 evidence, Eul evidence 1-1, the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. ① The Defendant completed construction before May 25, 2012 after the completion date of the instant construction contract as of February 15, 2012, as of February 15, 2012, and completed the construction before May 25, 2012, and the Defendant paid KRW 133,947,00 for delay [the agreed amount = KRW 1,353,00,000 x 0.01 x interest rate for delay x 99 days for delay (from February 16, 2012 to May 25, 2012) x 95,126,295 won in lieu of repair of defects occurring in the instant building; ② The Defendant shall pay the Plaintiff the total amount of KRW 6,226,394, and additional construction expenses incurred by the Plaintiff on his own defect repair work; KRW 70,700,000, KRW 90, KRW 197, and KRW 97,097, and KRW 970.
B. As above, if the amount that the Defendant is liable to pay to the Plaintiff is offset by the amount equivalent to KRW 493,00,000 due to the unpaid construction cost of KRW 283,019,629, the Plaintiff shall pay to the Defendant according to the instant construction contract.