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1. The Defendant’s KRW 31,176,970 for the Plaintiff and its related KRW 5% per annum from March 4, 2019 to March 27, 2019, and March 28, 2019.
Reasons
1. On December 4, 2017, the Defendant agreed with D on the following matters.
D Co., Ltd. shall carry out the following as compensation for all damages related to the “new construction of E-Family Housing” requested by the Defendant:
[Article 1(2). ① Construction cost of painting repair work for apartment underground parking lots as requested by the Defendant: 52,209,90 won (including value-added tax): Construction cost of 52,209,90 won (including de-value-added tax); - D Co., Ltd. shall pay the construction cost of paragraph (1) to the actual performance company. ③ The Defendant shall perform the following construction at its own cost and pay it to the actual performance company. The construction cost: 31,176,970 won (including value-added tax): - Work cost of underground parking lot walls and columns - Work cost of outside parking lot walls and columns - Work cost of outside parking lot, etc. - Construction cost of the above arrangement between the Defendant and D, which begins with construction work of the “actual apartment,” as stipulated in the above arrangement between the Defendant and the Defendant Company, and the Plaintiff had no ground to complete the construction work from 201 to 319, and the Plaintiff had no ground to complete the trial.
2. Determination
A. As to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the construction cost of KRW 31,176,970 related to the underground parking lot, and the damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from March 4, 2019 to March 27, 2019, which is the delivery date of a copy of the complaint of this case, and the next day from March 28, 2019 to the date of full payment.
B. As to the Defendant’s assertion, the Defendant asserts that the agreement on December 4, 2017, which was concluded without the written consent of the resident, is null and void due to abuse of authority.