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1. The Defendant’s KRW 70,400,000 as well as annual 6% from January 8, 2019 to October 30, 2020 as to the Plaintiff.
Reasons
1. According to the overall purport of Gap evidence Nos. 1 and 2 as to the basic construction cost and the argument, the defendant, on November 27, 2018, ordered the Plaintiff to pay KRW 352,00,000 for total construction cost, KRW 352,00,00 for total construction cost, and KRW 20,00 for construction period from December 6, 2018 to December 20, 2018. The defendant paid KRW 211,20,000 for the down payment on November 27, 2018, KRW 70,40,000 for intermediate payment on December 28, 2018, and KRW 70,000 for the remainder payment to the Plaintiff on December 28, 2018, barring any special circumstance, the Defendant may be deemed liable to pay the Plaintiff the remainder to the Plaintiff.
In regard to this, the Defendant agreed with D, the actual representative of the Plaintiff, to suspend the payment of the balance that the Defendant would receive from E (hereinafter “E”) and pay to the Plaintiff the remainder of the construction work in this case. The Defendant asserted that it is impossible to comply with the Plaintiff’s request, but there is no evidence to acknowledge it, and the Defendant’s above assertion is without merit.
In addition, the defendant asserts that the plaintiff's claim for the repair of defects or the claim for damages in lieu of the repair of defects is deducted from the plaintiff's claim, but it is not sufficient to recognize that the plaintiff's defect was defective in the construction of this case by only the descriptions and images of the evidence Nos. 7 through 10, 17, and 18 (including the provisional number). Since there is no other evidence to acknowledge it, the defendant's claim is without merit.
2. Determination on additional works
A. On January 20, 2019, the Plaintiff’s assertion entered into an additional construction agreement with the Defendant with a total construction cost of KRW 100,150,00,000, and completed the construction work. The Plaintiff paid the remainder of KRW 50,150,000 as advance and did not receive the remainder of KRW 50,150,000. Thus, the Defendant shall pay the Plaintiff the said sum of KRW 50,150,00.