beta
Text
The defendant paid KRW 29,610,964 to the plaintiff and 5% per annum from March 12, 2019 to September 17, 2020.
Reasons
1. Basic facts
A. On June 6, 2018, the Plaintiff entered into a contract for construction works (hereinafter “instant construction contract”) with the Defendant, setting the construction period from June 6, 2018 to November 31, 2018, regarding the construction of machinery and equipment from June 6, 2018 to November 31, 2018, the construction amount of KRW 220 million (including additional taxes) and the rate of delay delay delay interest to KRW 0.5/1,00 of the total construction amount per day (hereinafter “instant construction contract”).
B. The Plaintiff completed construction works under the instant construction contract on January 31, 2019, and the Defendant paid the Plaintiff KRW 203,015,000 in total as the construction cost stipulated under the instant construction contract.
[Ground of recognition] Facts without dispute, entry of Gap evidence 3 and 4 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that the Plaintiff paid the remainder of KRW 16,985,00 for the instant construction contract (20 million - KRW 203,015,00), KRW 43,434,60 for the additional construction cost, and KRW 4,455,543 ( KRW 1,070 for 0,070 for 20,000 for 200,000 for 203,000 for 43,434,60 for the additional construction cost as stipulated under the special conditions of the instant construction contract, and for the repair of defects following the Plaintiff’s implementation of the instant construction contract, 4,45,543 for 4,45,543 for the construction cost after deducting the balance of the instant construction contract from 16,985,00 for 20,000 for 20,000 for 200,000 for 203,000 for 156,1566
B. As to the defendant's assertion, the defendant asserts that 6.2 million won for delay (20 million won x 0.5/1,000 x 62 days), 10,717,362 won (10,407,362 won for repair of defects) including expenses for repairing defects recognized by the plaintiff, and 3,952,390 won for operating losses due to defects in the installation of the plaintiff's leisure valves, and 10 million won for consolation money shall be deducted.
3. Determination
A. The fact that the Plaintiff did not receive any balance of KRW 16,985,00 among the proceeds of the instant construction contract that was determined as to the Plaintiff’s claim for construction cost is between the parties.