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1. Defendant C’s KRW 5,720,216 and annual interest thereon from September 20, 2017 to September 14, 2018.
Reasons
1. Basic facts
A. (1) around May 2015, Nonparty E Co., Ltd (the representative C, hereinafter “E”) drafted a written estimate of KRW 363,967,581 (Evidence A 1-1) regarding the supply value of the F detached Housing Construction at Yangju-si.
On May 19, 2015, the construction period between the Plaintiff and E is from May 19, 2015 to September 17, 2015; and the contract amount is KRW 360 million (excluding value-added tax).
Before October 2015, Nonparty E drafted a written estimate of KRW 67,324,405 regarding the supply value of the additional works other than the estimated construction among the housing construction works (Evidence 1-3), and written a written estimate of KRW 63,416,031 (Evidence 2) around December 2015.
Fidelity, however, the Housing Corporation was individually executed by Defendant C, not Nonparty E, with the consent of the Plaintiff.
B. On November 27, 2015, the Plaintiff obtained approval for the use of the F 2nd floor and underground 1st floor in Yangju-si.
C. (1) Around December 2015, Defendant Company: (a) prepared a statement of KRW 58,798,088 regarding supply value for F Office Work at Yangju-si (Evidence A2-2); and (b) prepared a statement of KRW 22,136,614 of supply value on December 2015 (Evidence A-3).
Between the Plaintiff and the Defendant Company, on December 5, 2015, the construction period from December 8, 2015 to March 15, 2016, and the contract amount is 58,000,000 won (excluding value-added tax).
[Evidence A] Evidence Nos. 1, 2, 6, and 2, 3
2. Determination as to the principal lawsuit
A. The Plaintiff asserted that the Defendants contracted the housing construction cost of KRW 270 million, office construction cost of KRW 80,000,000 to the Defendants, and settled all the construction cost by paying the remainder of KRW 22,00,000 on December 26, 2015, after paying the construction cost without the division of the construction work. There was a defect equivalent to KRW 7,501,431 in the housing, and a defect equivalent to KRW 15,062,703 in the office, and there was no construction work equivalent to KRW 26,07,935 in the office, and the additional construction is made for heating and cooling installation of KRW 10,00 in the housing construction.