Text
1. The Defendant (Counterclaim Plaintiff) paid KRW 37,620,000 to the Plaintiff (Counterclaim Defendant) and its related amount from March 14, 2015 to March 25, 2015.
Reasons
1. Basic facts
A. The Defendant owned 84.65 square meters of detached houses of 84.65 square meters of land on the ground of Geumsan-gun, Chungcheongnam-gun, Chungcheongnam-do.
B. The Defendant reported the construction, substantial repair, and alteration (extension) of the building in question to the Geumsan-gun Office, and received the certificate of completion of report on October 4, 2014.
C. From September 15, 2014, the Plaintiff started the said extension construction and completed the construction of 72.2 square meters and 24.45 square meters of a warehouse attached to the light steel structure, around November 2014. The Defendant obtained approval for the use of the said extension on December 10, 2014.
After that, the Plaintiff was engaged in the construction of the outer wall as a prefabricated-type panel to connect the prefabricated-type panel with the middle part of the two parts of the attached warehouse units extended above the end of January 2015, and extended the 147.5 square meters on the second floor to cover the roof.
E. The defendant is above D.
In relation to the provision of the Building Act, the above summary order became final and conclusive due to the violation of the Building Act, as the Daejeon District Court 2015 High Court Decision 2015 High Court Decision 4071, which issued a summary order of KRW 2 million and did not request formal trial.
In addition, around March 17, 2015, the defendant was ordered to voluntarily remove the above illegal extension portion by the head of Geumsan-gun.
【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 4, 9, Eul’s 2, 6, and 7, the purport of the whole pleadings
2. Determination on the main claim
A. The Plaintiff’s assertion 1) The Plaintiff is 300,000 won per day when the Defendant requested the extension work, and 30,000 won per day when the Plaintiff was required for the construction work, and 30,000 won per day when the vehicle transportation cost and the construction section usage fee (hereinafter “labor cost, etc.”) is collectively referred to as “labor cost, etc.”
(2) The Defendant is obligated to pay to the Plaintiff the amount of KRW 37,620,00,00, including personnel expenses (i.e., KRW 330,000 x 114 days) and damages for delay on the part of the Plaintiff. (ii) The Defendant’s Plaintiff is an agricultural partnership that raises, processes, and sells Blulue.