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1. The Defendant (Counterclaim Plaintiff) paid KRW 200,226,056, respectively, to the Plaintiff (Counterclaim Defendant) and its related amount from December 25, 2014 to April 2015.
Reasons
1. Facts of recognition;
A. On August 29, 2011, the Plaintiffs entered into a contract with the Defendant and Seocho-gu Seoul Metropolitan Government a contract with the Defendant setting the interest rate of 1/3,000 of the remainder of the construction payment for the construction work as KRW 3.41 billion with respect to the construction work that newly constructs an aggregate building of 6th and 9th generation units (hereinafter “instant building”) on the ground of 6th, Seocho-gu Seoul Metropolitan Government (hereinafter “instant construction work”). From September 1, 2011 to June 30, 2012, the Plaintiffs entered into a contract with the Defendant by setting the interest rate of 1/3,000 of the remainder of the construction payment for the construction work as KRW 3.00 per day.
(hereinafter referred to as the “instant contract”). B.
On June 30, 2012, the Plaintiffs and the Defendant changed the term of completion of the instant contract from June 30, 2012 to September 30, 2012. On December 4, 2012, 2012, the construction cost of the instant contract was increased from KRW 3.41 billion to KRW 3.63 billion, and the remainder of KRW 1.133 billion was paid within 60 days after completion of the completion inspection, and the completion date was changed to November 29, 2012.
C. After completion of the instant construction on or around the end of November 2012 or around the beginning of December, 2012, the Defendant delivered the instant housing to the Plaintiffs. The Plaintiffs obtained approval for the use of the instant housing from the competent authority on December 11, 2012, and thereafter, from around that time, sold and leased the instant building via the Internet, etc.
The defendant, when performing the construction of this case, did not construct the part to be constructed, or changed differently from the defective construction or design drawings, thereby causing defects such as rupture, rupture, and water leakage in the building of this case. Accordingly, the defendant continuously requested the defendant to repair the defects after the completion of the construction of this case, and the defendant partially requested the repair of defects.