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1. As to KRW 185,073,078 among the Plaintiff and KRW 134,949,198 among the Plaintiff, the Defendant shall start from June 25, 2015 to December 28, 2016.
Reasons
1. Basic facts
A. On May 24, 2013, the Defendant entered into a contract on the construction of the retaining wall (hereinafter “the retaining wall construction”) between the Plaintiff and the Plaintiff on May 24, 2013 with respect to the factory located in the Jinju-si (hereinafter “instant factory”) and completed the construction in accordance with the said contract.
B. On March 17, 2014, the Defendant entered into a contract for the instant construction works (hereinafter “instant construction works”) with the Plaintiff, and completed the instant construction works under the said contract, and obtained approval for the use of the instant factory on December 1, 2014.
3% of the standard contract for private construction works. 10% of the warranty bond rate. 3% of the warranty bond rate: Article 19 (Adjustment of Contract Price due to Modification of Design) of the General Conditions of the Standard Contract for Private Construction Works by Construction Type (Adjustment of Contract Price due to Modification of Design) ① When the contents of the design are inconsistent with the status of the construction site, is unclear, omitted or erroneous, or when the installation of additional facilities is required due to the modification of the project plan, etc.
Article 28 (Defect Security) (1) In order to guarantee the repair of defects of a construction project, the defendant shall pay to the plaintiff the amount calculated by multiplying the contract price by the rate of the warranty bond for defect repair stipulated in the contract, and until the price for the construction project is paid after completion inspection.
C. The main contents of the instant contract are as follows.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 4 and 5, the purport of the whole pleadings
2. The plaintiff's assertion
A. The defendant did not execute the construction in accordance with the details stipulated in the contract of this case, or caused several defects in the factory of this case by performing defective construction. Among them, 162,985,000 won is required to repair the remaining defects. Thus, the defendant shall pay the plaintiff the above amount as compensation for damages in lieu of the defect repair.