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1. The judgment of the first instance court, including the Plaintiff’s claim expanded at the trial room, shall be modified as follows:
The defendant.
Reasons
1. Basic facts
A. On February 28, 2013, the Plaintiff received a contract with the Defendant for the amount of KRW 1,410,00,000 for the new construction works for the land-based B and C ground-based neighborhood living facilities on June 30, 2013; the due date of completion; 16% per annum for the construction work; 3% of the contract amount for the warranty bond; and 2% of the contract amount for the warranty bond; and thereafter, the contract amount was increased to KRW 1,826,50,000 for the contract amount due to a change in the construction scope.
(hereinafter referred to as the “instant contract”). B.
After completing the construction, the Plaintiff approved the use of the building on August 6, 2013.
C. The Defendant paid the Plaintiff KRW 1,626,00,000 as the construction price, up to December 30, 2013, and paid the Plaintiff KRW 1,771,753,50 in total by paying KRW 50,00,00 on March 3, 2014, which was the date of the instant lawsuit, and KRW 50,000 on March 3, 2014, which was the date of the instant lawsuit, and KRW 1,771,753,50 on May 30, 2014.
[Ground of recognition] Facts without dispute, Gap evidence No. 1 (Provided, That each entry of Gap evidence No. 2,178,00,000 won which is larger than the actual contract price, and the purport of the whole pleadings and arguments
2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay from August 7, 2013 (the day following the day on which the above approval for use is given to March 3, 2014; damages for delay from March 4, 2014 to March 3, 2014; damages for delay from 150,50,500 won (200,50,500-50,000 to March 14, 2014; damages for delay from 150,50,50,500,000 to 150,50,000 won (1,826,50,50-50,50-50,000,000,000) to 30,50,501 to 30,504,505,005,015,204.
3. Judgment on the defendant's assertion
A. The defendant's assertion is 54,796,50 won equivalent to 3% of the modified contract amount according to the contract of this case, as a warranty bond, and the cost of repairing defects after the expiration of the warranty period is settled, and the plaintiff.