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1. The Defendant’s KRW 9,522,600 with respect to the Plaintiff and KRW 5% per annum from June 5, 2018 to October 30, 2018, and thereafter.
Reasons
. By September, 2009, the agreement was concluded to receive completion but was completed on January 9, 2009.
The defendant is obligated to pay to the plaintiff 32,903,225 won [10 million won* (39/31)] per month of delay in completion of construction.
3) In the instant building as a substitute for defect repair, there exists a defect in the construction. The defect repair cost reaches 25,975,000 won on the basis of the appraisal result. In addition, there is a defect in the repair cost of KRW 4,01, 402, and 405, and the Plaintiff was 2,660,000 as the repair cost, such as the other day repair cost. The Defendant is obligated to pay the Plaintiff the repair cost of KRW 28,635,00 ( KRW 25,975,000) ( KRW 2,660,000) to the Plaintiff. 4) On the ground of the defect in the instant building due to the defect in the instant building, the Plaintiff was unable to seek monthly rent of KRW 50,000,000 compared to the studio.
The Defendant is obligated to pay the Plaintiff monthly amount of KRW 180,000,000 (180,000 won for the instant building* 50,000 won from January 9, 2009 to May 8, 2018), which is part of which is 20,000 won.
B. The Defendant’s assertion 1) Return of the construction cost: The construction cost is KRW 484,332,385, which is the KRW 20 million. The Plaintiff’s assertion that the construction cost would have been reduced was reserved for the repair of defects, and the Defendant paid the Defendant the construction cost to the Plaintiff who received the said KRW 20 million from the Plaintiff who introduced the Defendant. Of the details of the payment of the construction cost claimed by the Plaintiff, the payment of the construction cost is that the Defendant paid the gas supply cost of KRW 2088,00 and the water tank production cost of KRW 550,000,000,000,000,000,000,000,000,000,000,000,000,00
Even if the plaintiff's compensation claim for delay exists, it is already applied by the five-year extinctive prescription under the Commercial Code with commercial claim.