The defendant's KRW 12,880,000 to the plaintiff and its 6% per annum from January 26, 2016 to November 17, 2016.

1. Facts of recognition;

A. On July 15, 2013, the Defendant received a contract from the Plaintiff for the construction of a factory (hereinafter “instant construction”) from the Plaintiff during the period from July 15, 2013 to November 30, 2013, with the construction cost of KRW 2,530,000,000 and the construction period of KRW 1285 (hereinafter “instant construction”).

B. On November 26, 2013, the Plaintiff and the Defendant concluded a modified contract that extends the construction period to January 20, 2014.

In addition, on January 17, 2014, the Plaintiff and the Defendant concluded a contract to increase the construction cost to KRW 2,643,300,000 (including value-added tax) and to extend the construction period to February 10, 2014.

C. The Defendant completed the instant construction around February 10, 2014.

From August 7, 2013 to April 10, 2014, the Defendant received all payment of the construction cost of KRW 2,643,300,000 on six occasions from the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. Since there were defects such as water leakage, etc. in the factory of this case due to defective construction by the plaintiff's defendant, the defendant is obligated to pay the plaintiff damages amounting to KRW 121,200,000 in lieu of defect repair and damages for delay.

B. The occurrence of defects such as water leakage, etc. in the factory of this case is because the Plaintiff instructed the third waterproof construction on the rooftop and the first floor floor bed and underground floor bed, etc., which were originally planned by the Plaintiff.

3. Determination

A. If Gap evidence Nos. 4 (including additional numbers) and the purport of the entire argument is added to the result of appraiser A’s appraisal, the following defects (hereinafter “instant defect”) have occurred in the factory of this case, and the following costs are acknowledged to be necessary to repair them:

구분 하자의 내용 보수에 필요한 비용 ㈎ 바닥 타일 복도와 식당의 바닥 타일 일부가 들뜸(일부 보수공사 완료) 2,780,000원 ㈏ 천장 누수 상층부...