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1. The Defendant’s KRW 16,700,000 as well as 5% per annum from December 6, 2013 to December 19, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. On April 6, 2013, the Defendant contracted the Plaintiff with a construction period fixed at KRW 140,00,000 of the construction amount until July 30, 2013, the construction period of the second floor multi-family house on the ground to the Plaintiff, North Northern Zone C, Seoul, and later, the construction amount was increased to KRW 149,90,000.
B. The Defendant completed the construction of the instant housing and obtained approval for use on September 5, 2013. The total floor area of the instant housing is 197.15 square meters, and the Plaintiff paid construction cost of KRW 125,900,000 until November 13, 2013 and the remaining construction cost is KRW 24,00,000.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings
2. Summary of the parties’ assertion
A. Under the Plaintiff’s initial contract, the construction amount was KRW 140,000 per square meter (45 square meter) and the construction amount was KRW 3,200,000 per square meter, and at the Defendant’s request, the construction amount was increased to KRW 149,990,000 among them, and at the Defendant’s request, the amount was not paid KRW 24,00,000 among them. At the Defendant’s request, 47.05 square meter (14 square meter) was added compared to the time when the actual construction area was first contracted on the basis of the total floor area, the Defendant is obligated to pay the Plaintiff KRW 46,968,651, and KRW 24,00,960,00, which is the amount of the construction amount originally unpaid.
B. Defendant (1) had the original construction cost of KRW 140,00,000, but the construction cost increased to KRW 149,900,000 due to a balcony, interior wall location change, and expansion of multi-use rooms on the second floor. In the first contract, the building area is similar to the actual construction area of KRW 19,90,000,00; and the increased construction cost includes all additional construction works, thus there is no obligation to pay the additional construction cost separately.
(2) From among the original construction cost, 24,000,000 won remain until November 13, 2013, but thereafter, 10,300,000 won was paid more.
(3) The instant construction period was up to July 30, 2013, and since around 35 days after obtaining approval for use on September 5, 2013, the penalty for delay was 15,739,50 won.