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1. As to KRW 465,616,00 and KRW 171,301,405 among the Plaintiff, the Defendant shall be from August 8, 2017 to May 31, 2019.
Reasons
1. Determination
A. On October 28, 2013, the Plaintiff entered into a contract (hereinafter “instant contract”) with the total contract amount of KRW 726,00,000 (including value-added tax), the construction period of KRW 726,00,000 for the portion of the Defendant and B apartment, and the construction for the installation of a window (hereinafter “instant construction”) with respect to the following matters, comprehensively taking account of the written evidence Nos. 1, 2, 4, and 15 (including the number number), the result of the appraisal commission to this court C, and the purport of the entire pleadings, and the overall purport of the argument. The Plaintiff’s assertion disputing the credibility of the result of the appraisal commission is not accepted.
Article 9 (Payment of Price and Loss of Benefit of Time)
1. The construction cost shall be paid immediately by the claim of Eul (the plaintiff; hereinafter the same shall apply) (the defendant; hereinafter the same shall apply) on the basis of the agreement, and upon the lapse of at least five days after the date of the agreement, Eul may claim an additional charge of at least 15 per annum.
In addition to Section 10 (Other Conditions)(3) above, at the time of unilateral termination of a contract by Party A during the work progress, reimbursement shall be made for the completed portion (including the orders and produced quantities in accordance with the specifications of each subparagraph) in addition to 40% of the total contract deposit.
B) From December 2013, the Plaintiff continued the instant construction, and around July 2014, the Defendant filed a civil lawsuit against the Plaintiff, seeking the validity of the instant contract, and the construction was interrupted. Since October 2016, the Plaintiff resumed the instant construction from around October 2016, and the construction was resumed upon the Defendant’s notification of the termination of the instant contract. (C) The fixed rate of the construction performance of the instant construction works executed by the Plaintiff was 5.289%, and the value of the windows created by the Plaintiff for the instant construction is KRW 294,314,601 in total. D. The Plaintiff from the Defendant to KRW 230,096 in return for the payment of the instant contract.