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1. The Defendant’s KRW 101,764,704 as well as the Plaintiff’s annual 5% from November 23, 2013 to June 17, 2015, and the following.
Reasons
1. Facts of recognition;
A. On November 6, 2012, the Plaintiff entered into a construction contract with the Defendant for the construction of the gas station A on the ground of Seodaemun-gu Seoul (hereinafter “instant gas station”) (hereinafter “instant construction contract”) with the content that the Plaintiff would receive a contract for the construction work cost of KRW 324,00,000 (excluding value-added tax) (hereinafter “instant contract”).
B. In around 2013, the Plaintiff and the Defendant agreed to the construction cost of the Plaintiff’s additional construction work at KRW 42,800,000 (excluding value-added tax).
C. The Plaintiff completed the instant construction work, and received a total of KRW 293,000,000 from the Defendant from March 10, 201 to October 16, 2013.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the assertion on the cause of the claim, the Defendant, who is the contractor, is obligated to pay the Plaintiff, as the contractor, the additional construction cost of KRW 47,080,00, including value added tax of KRW 356,40,000 (value added tax, including value added tax - KRW 293,00,000), unless there are special circumstances.
B. The defendant's assertion 1) The defendant's assertion that the compensation for damages is deducted due to defects is required to cover 47,543,320 won in repairing the water from the floor of the gas station of this case. On the distribution map, even though the plaintiff had double construction of steel on the floor of the gas station of this case, the plaintiff did not repair the steel by covering the floor with soil and vinyl only 124,597,254 won in the condition that the plaintiff did not repair the steel, such as the cost of 124,597,254 won in the cover of the steel station of this case. Thus, the defect repair costs for repairing the defect are paid to the plaintiff in the construction cost to the plaintiff.