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1. The Defendant’s KRW 14,089,00 for the Plaintiff and KRW 5% per annum from October 18, 2012 to January 23, 2014.
Reasons
1. Facts of recognition;
A. On July 22, 2012, the Plaintiff entered into a construction contract with the Defendant for the construction period of C 402, Gangseo-gu, Busan Metropolitan City from July 24, 2012 to August 13, 2012, and the contract amount of KRW 35 million (pre-paid KRW 20 million, the intermediate payment of KRW 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, as the contract price, and paid to the Defendant as the total of KRW 30,00,000,000,000 for the construction work.
B. While the Defendant continued construction under the instant construction contract, on August 2012, the construction cost was excessive and the additional cost was incurred, and the construction was suspended upon requesting the Plaintiff to pay the additional construction cost of KRW 26,352,400.
C. On August 20, 2012, the Plaintiff sent a written notice to the Defendant that he/she would complete construction works at his/her own expense and claim for subsequent damages at his/her own expense. On August 22, 2012, the Plaintiff sent additional construction cost of KRW 5 million to the Defendant on August 22, 2012, but the Defendant did not resume construction.
Until September 2012, the Plaintiff completed the electrical construction (3 million won for the construction cost), paint and floor strengthening finish work (1.3 million won for the construction cost), glass (1.320,000 won for the construction cost), softening installation (5,000 won for the construction cost), and Japan (9,000 won for the construction cost). The Plaintiff spent the total of 11,289,000 won for the construction cost.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination as to the cause of claim
A. According to the above facts, the defendant did not complete the construction work despite having received the full payment of the construction cost of KRW 35 million from the plaintiff. Thus, the plaintiff did not execute the construction work.