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1. The Defendant shall pay to the Plaintiff KRW 20,218,776 and the interest rate of KRW 15% per annum from September 28, 2017 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff operates the retail business of freezing fishery products under the trade name of “C”, and the Defendant runs the construction business under the trade name of “D”.
B. On October 2015, the Plaintiff decided to construct a building on the ground of Daejeon Dong-gu, Daejeon (hereinafter “instant building”) and concluded a construction contract with the Defendant with the following content.
The construction name: the F-work period: the construction cost on October 5, 2015, and on February 5, 2016, the completion of construction: 270 million won (value-added tax separate) warranty: two years from the date of completion;
C. After that, on January 2016, the Plaintiff entered into an additional construction agreement with the construction cost of KRW 27,053,000 regarding the extension of the third floor of the instant building.
(including the Additional Construction Contract) D.
Around March 2016, the Defendant completed the instant building (including the part on the construction of the third floor bamboo), and delivered the building to the Plaintiff around that time. The Plaintiff is using the first floor of the instant building for the purposes of freezing warehouses and offices, the second floor for the work room and the escape room, and the third floor for the office and the rest room.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including additional number), the purport of the whole pleadings
2. Determination on the cause of the claim
A. In full view of whether there is liability for damages, Gap evidence No. 5, the result of commission of appraisal of defects to appraiser G of this court, and the purport of the whole pleadings as a result of the fact-finding inquiry, it can be acknowledged that there are the following defects in the building of this case, and the expenses such as the entries in the table are required to repair them:
The table 1,310,6515. 6. 176,995. 6. 1,2,33 each of the walls of freezing outer wall inside the office of 1515 stories, such as water leakages, etc. due to the defect in the construction of strings of the floor of freezing 1,549,360 2 freezing 150,5263.