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1. The Defendant paid KRW 7,901,742 to the Plaintiff KRW 6% per annum from April 27, 2015 to June 23, 2017.
Reasons
1. Facts of recognition;
A. On June 22, 2014, the Plaintiff entered into a construction contract with the Defendant on June 22, 2014, with the content that the construction cost of the new construction of the building B on the ground (hereinafter “instant building”) owned by the Defendant was KRW 200,000,000 (including value-added tax), design cost of KRW 10,000,000 (including value-added tax), construction period of KRW 120,000 from the date of commencement (excluding the date of commencement of construction due to the same season and rain) and the rate of liquidated damages to be paid to the Defendant at KRW 0.01,00, and thereafter, entered into a contract with the content that the construction cost of December 3, 2014 is to be paid at KRW 210,236,620 (including the date of commencement of construction due to the same season and rain), including the amount of construction cost of KRW 11,00,000, value-added tax).
(hereinafter “instant construction contract”). B.
The Plaintiff commenced construction of this case around November 1, 2014, and completed around April 26, 2015, and the Defendant moved into the building of this case around April 30, 2015.
C. The Defendant paid the Plaintiff KRW 177,000,000 in total as construction cost.
[Grounds for Recognition: Evidence Nos. 1 through 3, Evidence No. 1-2, and the purport of the whole pleadings]
2. Determination
A. According to the above facts, the defendant is obligated to pay to the plaintiff the remaining construction cost of KRW 33,236,620 ( KRW 210,236,620 - KRW 177,000,000) as well as delay damages from the date following the completion date of the construction in this case, unless there are special circumstances.
B. The defendant's assertion (1) is first, since the contract for the change of construction (Evidence A 3) of this case was concluded by deception using the defendant's will, the plaintiff asserts that the contract for the change of construction (Evidence A) of this case was cancelled by deception, but there is no evidence to acknowledge this, and therefore, the defendant'
(2) The Defendant shall pay the penalty for delay calculated by the rate of 20,000 won (20,000,000 x 0.01%) each day from March 1, 2015, which was the day following the date of commencement of the instant construction project, until the Plaintiff completed the instant construction project and completed the completion inspection, from March 1, 2015 to February 28, 2015.