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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. On April 24, 2013, the Plaintiffs concluded a contract with the Defendant regarding the construction cost of KRW 593,000,000 with respect to the three-story neighborhood living facilities and the construction of new houses on the D ground (hereinafter “instant construction”) on April 24, 2013, and the Plaintiffs paid the Defendant a total of KRW 625,00,000 as the construction cost. The Plaintiffs asserted that the overpaid construction cost of KRW 32,00,000 should be returned to the Defendant for unjust enrichment.
In addition to the purport of the entire argument in the statement of evidence Nos. 1 through 3, value-added tax shall be separately paid at the time of entering into a contract with the plaintiffs and the defendant for the above construction work, as alleged by the plaintiff. The plaintiffs paid 625,000,000 won to the defendant as the construction price. Since it is obvious that the amount the plaintiffs paid to the defendant falls short of the amount including value-added tax, each of the above evidence alone is insufficient to acknowledge that the defendant made unjust enrichment as to the construction price of this case, and there is no other evidence to acknowledge otherwise.
Therefore, this part of the plaintiffs' claims is rejected.
2. The plaintiffs asserted that the plaintiffs are liable to compensate the plaintiff for damages equivalent to KRW 8,300,000 of the repair cost in lieu of the defect repair, if any, due to the defect in the outer wall construction.
The period of warranty against defects of a contractor is the exercise period of judicial or extra-judicial rights and is not the release period for judicial claims.
Therefore, the warranty warranty right is naturally extinguished due to the excess of the period.
According to the above legal principles, the warranty period at the time of entering into the contract of the instant construction project is two years, according to the health team, Gap 2, 3, and 5.