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1. The Defendant’s KRW 146,80,271 as well as 5% per annum from October 1, 2010 to November 20, 2013 to the Plaintiff.
Reasons
1. Basic facts
A. On January 13, 2010, the Plaintiff agreed with the Defendant to receive the construction payment within 30 days after the completion of construction as the construction payment (including value-added tax) for the new construction of the instant building on the ground parking building B (hereinafter “instant building”) on the construction cost of KRW 1.793 billion (including value-added tax), and on April 28, 2010, the extended construction of the instant building (hereinafter “the instant new construction”) on April 28, 2010, each of the instant construction works “the instant construction works” with the instant new construction works “the instant construction works” as the construction cost of KRW 660 million (including value-added tax).
B. The Plaintiff completed each of the instant construction works on August 31, 2010, and the Defendant obtained approval for the use of the instant building from the Cheongju Mayor on September 1, 2010.
C. From January 29, 2010 to October 26, 2010, the Defendant paid a total of KRW 2.147 billion to the Plaintiff as construction cost.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The assertion and judgment
A. According to the above findings of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff the total amount of KRW 2.453 billion for the construction work of the new construction work of this case and the extended construction work of this case (i.e., KRW 1.7 billion) less the amount of KRW 2.147 billion for the unpaid remainder of construction work (hereinafter “the remainder of construction work of this case”) and delay damages therefrom, unless there are special circumstances.
B. The Defendant’s assertion 1) Then, according to the appraiser C’s appraisal result, each floor parking slope in each floor of the instant building is examined as follows: (a) there is a defect in the drainage siren or defective construction on each floor parking slope in each floor of the instant building; and (b) the repair cost of the said defective defect is 692,260 won and the repair cost of the said defective defect is 2,835,647 won and 3,527,907.