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1. The Defendant’s KRW 22,169,592 as well as the Plaintiff’s annual rate from December 30, 2014 to November 17, 2016.
Reasons
1. On July 8, 2013, the Plaintiff entered into a construction contract with the Defendant for an additional construction contract with a total of KRW 5,000,000,000, totaling of KRW 31,000,000, and KRW 31,000,00,000, and the installation of an additional construction contract with the Defendant for an additional construction work on August 20, 2013; the Plaintiff completed the said construction work through the Plaintiff’s Intervenor pursuant to the construction contract; the Defendant paid KRW 30,000,000 to the Plaintiff with the construction price under the said contract; there is no dispute between the parties.
Therefore, the Defendant is obligated to pay the Plaintiff the payment amount of KRW 28,00,000 (=5,000,000 KRW 3,000,000 - KRW 30,000,000) and the delay damages therefrom.
2. Judgment on the defendant's assertion
A. The defendant asserts that 650,000 won of the replacement facility cost incurred during the period of repairing defects and 5,530,408, as the plaintiff suffered defects in the part of the construction work, should be deducted.
In full view of the purport of the argument as a result of the appraiser D’s appraisal, it is deemed that the total statement of the attached construction cost and the number of expenses incurred in repairing 5,530,408 won above 5,530,530,408 won in aggregate due to defects such as 26 “the total construction cost omitted in the above statement” (215,796 won) and 5,530,408 won in addition to the expenses incurred in repairing 5,530,530,408 won in aggregate and the expenses incurred in repairing 26 items are excluded. However, it is recognized as the above amount claimed by the defendant. In fact, the fact that the above defect repair requires a minimum of 2-day amount for the above defect repair, and the fee for using the substitute facilities for the two-day period is 300,000 won (calculated based on 150,000 won per day, which is the lowest amount of accommodation charges for one day in the neighboring hotel that the appraiser investigated
Therefore, the sum of KRW 5,830,408 (i.e., KRW 3,386,246, 300,000) should be deducted from the payment of the unpaid construction cost, and the defendant's assertion in excess of this amount shall be made.