beta
Text
1. The Defendant’s KRW 1,961,923 as well as 5% per annum from January 7, 2016 to July 20, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 6, 2015, the Plaintiff entered into a contract for interior construction with the Defendant regarding the Busan Southern-gu Housing, which is one’s own ownership, for the construction cost of KRW 11,100,000, and the construction period from November 7, 2015 to November 20, 2015.
B. On November 7, 2015, the Plaintiff paid the Defendant the down payment of KRW 6,000,000,000 to the Defendant, and the Defendant appealed with the Plaintiff as a matter of the progress of construction work and suspended construction work around November 18, 2015.
C. As of the time when the Defendant ceased construction, the percentage of construction was 40% (based on the construction cost, KRW 4,626,504), and there was a defect in the process of the shower construction performed by the Defendant, but the repair cost was confirmed to have been 58,427 won.
[Ground of recognition] Gap evidence Nos. 1, 2, 3, and 5, appraiser D's appraisal result, the purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff KRW 1,373,496 and KRW 1,961,923, the sum of the construction cost of KRW 6,000,000 and KRW 588,427, and the repair cost of KRW 1,961,923, and damages for delay calculated by the rate of 5% per annum as stipulated in the Civil Act from January 7, 2016 to July 20, 2016, the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff, which is the day of this decision, and from the following day to the day of full payment, 15% per annum as stipulated in the Act on Special Cases concerning the
(2) The Plaintiff’s assertion that the Plaintiff is liable for damages to the Plaintiff, even if the Plaintiff incurred additional costs for the construction contract with the Defendant in addition to the down payment of KRW 6,000,000,000, in addition to the additional construction cost of KRW 13,561,923,00,000, which is the total construction cost of KRW 11,100,000,000.
The defendant's defect in the shower part is wrong.