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1. The Defendant’s KRW 33,076,835 as well as 6% per annum from September 20, 2017 to August 13, 2019 to the Plaintiff.
Reasons
C. In light of the aforementioned legal principles, the Defendant is obligated to pay the Plaintiff KRW 38,40,00 to the Plaintiff the construction cost of the instant construction project, based on the written estimate written on September 8, 2015, stating that the construction cost is KRW 31,00,000, and the written estimate written on October 21, 2015, stating that the construction cost is KRW 31,000,000,000,000,000,000.
From September 1, 2015 to September 8, 2015, the Plaintiff submitted a document concerning the process of amending the drawings and estimates of the instant construction project, and the details of transmission and receipt of e-mail, etc., using documentary evidence. A written estimate is attached to the final and conclusive drawings dated September 8, 2015, the construction cost of which is KRW 38.4 million, and the said documentary estimate is not deemed to have been prepared to prepare for the instant lawsuit after completion of the construction project.
“H-250*250*90*90*14, H-300*300*10*16, H-396*19*7*11, H-350*75*7*11, H-350*7*11, H-300*10*150*150*56.5*99” submitted by the Defendant as final agreed upon drawings between the original Defendant and the name of written estimates as of October 21, 2015. This is different from the name of written estimates as of September 8, 2015.
3. Judgment on the defendant's defense of set-off
A. As to the defendant's defense, the defendant has a defect in the part constructed by the plaintiff, and it is asserted that it offsets the plaintiff's claim for construction price against the defendant as a substitute for defect repair.
In full view of the overall purport of the arguments, the defendant's defense is justified within the above scope of recognition, since there are defects in the construction works executed by the plaintiff, such as the reinforcement of defective vertical strength and the conclusion of TSV, and the costs necessary for the repair of such defects can be acknowledged as constituting 5,323,165.
B. According to the theory of lawsuit, the Defendant rendered a judgment from September 20, 2017, which is the day following the delivery of a copy of the complaint in this case, to the Plaintiff (=38,400,000 won - 5,323,165 won).