beta
Text
1. The Defendant’s KRW 126,846,60 for the Plaintiff and KRW 5% per annum from July 1, 2015 to November 25, 2016 for the Plaintiff.
Reasons
1. Basic facts
A. On May 11, 2015, the Plaintiff was awarded a contract for KRW 319,00,000 for the interior works of the store C located outside and twenty-seven parcels of land from the Defendant.
(hereinafter referred to as "the instant construction contract")
The Plaintiff completed the instant construction work on June 30, 2015.
C. The appraiser appraised the defect repair cost of the instant construction in KRW 15,861,00,00.
Meanwhile, on the other hand, the Plaintiff’s KRW 20,00,000 from the Defendant on May 19, 2015, KRW 3,000,000 on the 22th of the same month, KRW 10,000,00 on the 26th of the same month, KRW 15,000,000 on the 28th of the same month, and June 2, 2015.
3. 10,000,000 won each month; and
5. 20,000,000 won, and the same month.
9. 15,00,000 won for the 10,000,000 won for the 10.10,000,000 won for the 12.27,000,000 won for the same month, and 15.1,00,000 won for the 16.20,000,000 won for the 16.23th of the same month, and 6,00,000 won for the 23th of the same month, and 176,00,000,000 won for the aggregate.
[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 2 (including each number, if any) or video, appraiser D's appraisal result, appraiser D's appraisal supplement statement, and purport of the whole pleadings
2. Determination:
A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the fixed construction cost of KRW 176,292,40,00, including KRW 292,40,00, which the Plaintiff received from the Defendant (i.e., KRW 176,00,000, KRW 292,400), and the remainder of KRW 15,861,000, which remains after deducting the defect repair cost of KRW 126,846,60 (i.e., KRW 319,00,000 - KRW 176,292,40,000 - KRW 176,86,60,00, and KRW 15,861,00,00 (hereinafter “unpaid construction cost”) and delay damages therefrom.
B. As to the Defendant’s assertion, the Defendant paid additional KRW 15,00,000 as the instant construction cost, which the Defendant deposited to E on June 5, 2015, KRW 14,000,000 deposited on June 26, 2015, and KRW 660,000 deposited by the Defendant on July 27, 2015, and KRW 29,660,000, total amount of KRW 29,60,000 deposited by the Defendant on July 27, 2015, and thus, the instant payment was unpaid.