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1. The Defendant: 252,795,882 won to the Plaintiff and 5% per annum from April 12, 2014 to August 26, 2016.
Reasons
1. Basic facts
A. On October 10, 2013, the Plaintiff, on the ground of the estimate presented by the Plaintiff, set the construction cost as KRW 1,108,700,000 (=construction 125,200,000 + Construction 983,50,000 + Construction 983,50,000 + 00 won) based on the estimates presented by the Plaintiff, to the Defendant, on the ground of B and one parcel outside the following (hereinafter “instant fraternity”).
(b) The following is called the “instant contract”:
The Defendant completed the instant construction in accordance with the instant contract (the date of approval for the use of the instant fraternity was April 11, 2014), and received KRW 1,285,00,000 from the Plaintiff as the construction cost of the instant contract in consideration of the additional construction due to design change, etc.
C. Meanwhile, the Plaintiff installed and operated solar power infrastructure on the roof of the instant building. Of the above facilities, the part of the basic structure was constructed by the Defendant, separate from the instant construction, by drilling 754 holes on the roof of the said building and installing a support stand for solar power infrastructure on the frame of the steel frame of the roof.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 11 (including numbers, and hereinafter the following), Eul's appraisal results in the preservation of evidence case No. 2014Kaga3555 (hereinafter the following appraisal results), the purport of the whole pleadings
2. Determination as to the claim for damages equivalent to the cost of repairing defects in the instant construction works
A. The Plaintiff’s assertion 1) The Defendant, without the Plaintiff’s consent, modified the method of connecting the columns and tracks of the instant fraternity to a different design drawing from the original design drawing. Since the Plaintiff did not construct the arche-fabs of the instant fraternity and the arche-fabs of the wall panel, the Defendant was liable to compensate the Plaintiff for damages incurred by the said defect.