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1. The Defendant’s KRW 26,098,279 and KRW 25,714,00 among the Plaintiff and KRW 25,714,00 from May 31, 2016 to KRW 384,275.
Reasons
1. Basic facts
A. The Kitco Asset Trust Co., Ltd. (hereinafter “Kitco”) and Kitco Asset Trust Co., Ltd. (hereinafter “Kitco”) are a project proprietor who constructed and sells six (272 apartment buildings located in Yangju-si-ro 105 (Cukdong-dong-dong-dong-dong-dong-dong), and the Plaintiff is a contractor who constructed the instant apartment, and the Defendant was a contractor who constructed the instant apartment. The Defendant entered into a subcontract contract (hereinafter “instant subcontract”) with the Plaintiff on December 24, 2009 with respect to reinforced concrete construction among the construction works for the instant apartment (the contract for the final alteration was drafted on July 21, 201).
B. On June 16, 2009, KON and Kitcco concluded a management-type land trust agreement (hereinafter “instant trust agreement”) with the beneficiary, which is a trustee, to serve as a project proprietor within the scope of trust property, to construct the instant apartment on the land, including the two weeks, and to lease and dispose of it on the land. The trustee, Kitcco, a trustee, bears the duty to procure project costs, and entered into a management-type land trust agreement (hereinafter “instant trust agreement”).
C. On June 16, 2009, KON entered into a special agreement between the Plaintiff and the Plaintiff on June 16, 2009, which is the trust contract of this case, with the Plaintiff as the first beneficiary and the trial corporation as the second beneficiary and the first beneficiary.
The apartment of this case was inspected on November 30, 201, and the plaintiff did not construct the apartment of this case according to the completion drawing, or constructed the apartment of this case by defective construction or alteration.
On the other hand, the council of occupants' representatives of the apartment of this case continuously requested the plaintiff to repair the defects from April 6, 2012, before one year elapsed from the date of the usage inspection of the apartment of this case, at the request of the occupants and sectional owners, and the plaintiff also performed the repair work for some defects.