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1. The Defendant’s KRW 113,041,91 as well as the Plaintiff’s KRW 6% per annum from August 30, 2016 to August 29, 2018.
Reasons
1. Facts of recognition;
A. (1) On April 14, 2014, the Plaintiff entered into a construction contract between the Plaintiff and the Defendant, and the Defendant, on the second floor “E clubs” on the ground of the hotel in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant clubs”).
2) The Plaintiff entered into a contract for construction works to which the Plaintiff gave the Defendant the contract (hereinafter “instant contract”).
(2) Of the contents contained in the instant contract, the part concerning the instant case is as follows. On April 14, 2014 through May 30, 2014, the construction period of Article 3 (Contract Period) Article 4 (Total Contract Price), Article 440,000,000 (Separate Method of Value-Added Tax) concluded at the time of entering into a contract for down payment of KRW 44,000,000, the intermediate payment of KRW 132,000,000, the intermediate payment of KRW 132,000,000 shall be paid in cash to the Defendant, and the remainder of KRW 132,00,00,000 shall be paid in cash to the Defendant. The Defendant shall be liable to the Plaintiff for any defects arising from the instant contract under Article 9 (Liability for Defects, etc. during Construction Works) and each of the following expenses shall be borne by the Defendant (hereinafter referred to as “the instant contract”).
The defendant agrees that, with respect to soundproof dust, the complete construction shall be carried out until the hotel side consents, if the hotel side does not consent to the soundproof dust, and the defendant will bear the additional construction cost incurred in obtaining the consent if the consent is not obtained, and will return the full construction cost paid when the open opening of the club is revoked without obtaining the consent.
B. On June 1, 2014, the Defendant filed an objection against the completion of construction works and the side of a D hotel, and completed construction works under the instant contract to a policeman at the early May 1, 2014, and the Plaintiff from around June 10, 2014.