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1. The Defendant’s KRW 1,153,528,730 as well as 5% per annum from November 1, 2014 to August 17, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. On June 27, 2013, the Plaintiff was awarded a contract with the Defendant for the construction work of Buri-gun A and eight parcels (hereinafter collectively referred to as “instant land”) for the construction work of KRW 1,600,000 (including value-added tax), the construction period of KRW 1,600,000 (including value-added tax), from July 1, 2013 to December 31, 2013; the rate of delay penalty of KRW 1/1,000 per day.
B. On June 13, 2014, the Plaintiff and the Defendant concluded a contract that changed the completion date to September 30, 2014.
C. On September 30, 2014, the Plaintiff and the Defendant concluded a contract that changed the completion date to October 31, 2014.
The Plaintiff completed the instant construction, and on March 27, 2015, the Defendant received a certificate of usage inspection from Crossing-gun, Gangwon-do, and 10 parcels, the site for the instant construction, from Crossing-gun, Gangwon-do.
E. On July 6, 2015, the Defendant paid the Plaintiff KRW 115,00,000,000 as the construction cost of the instant construction project, and KRW 40,000,00 on July 7, 2015, and KRW 100,000 on July 10, 2015, respectively. On July 17, 2015, the Defendant paid the Plaintiff KRW 115,000,00 on behalf of the Plaintiff for the construction cost of the Plaintiff’s limited aggregate construction.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2 through 4, Eul evidence Nos. 2, 29, and 30 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Summary of the parties’ assertion
A. Plaintiff 1) On October 31, 2014, the Plaintiff completed the instant construction and transferred the site to the Defendant. As such, there was no penalty for delay related to the instant construction works. (2) With respect to the instant construction works, the Plaintiff’s construction cost and the cost of repairing defects as to the defective construction cost to be paid to the Defendant is KRW 138,275,812 in total.
3) Ultimately, the Defendant’s construction cost of KRW 686,00,000 (= KRW 431,000,000,000) paid by the Defendant to the Plaintiff (i.e., KRW 40,000,000) and construction cost of KRW 115,00,000 and non-execution cost of KRW 115,00,000.