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1. The Defendant’s KRW 139,029,676 to the Plaintiff, as well as KRW 6% per annum from November 1, 2015 to November 1, 2018.
Reasons
1. Basic facts
A. On March 21, 2014, between C and C, the Defendant entered into a construction contract with 11.8 billion won (excluding value-added tax) for the construction of the E Complex Facilities (hereinafter “instant prime contract”) on the ground of Sejong-si and two parcels (hereinafter “instant prime contract”). On August 14, 2014, the Defendant partially reduced the construction price by 11.5 billion won (excluding value-added tax).
B. On March 28, 2014, the Defendant subcontracted to F Co., Ltd. (hereinafter “F”) the construction of soil and household facilities (hereinafter “instant subcontracted construction”) among the new construction of the instant building, to KRW 1 billion (excluding value-added tax); and F re-subcontracted the Plaintiff on March 28, 2014 the construction of household facilities (hereinafter “instant sub-subcontract”) during the said subcontracted construction to KRW 80 million (excluding value-added tax).
C. C demanded the Defendant to submit a correction plan related thereto, on November 20, 2014, on the ground that: (a) the construction of the instant original contract was executed only by a point that does not exceed the boundary point of walls outside the building, unlike the design drawing of the construction site B; and (b) the structure of the second floor above the ground that the construction of the instant original contract was arbitrarily modified or partially constructed; and (c) the Defendant requested the Defendant to remove the defective construction part within two months and re-construction in conformity with the design drawing; and (d) the Defendant respondeded that only a part of the C.I.P. construction constructed on December 1, 2014 was removed and continued to perform the construction after the removal of only a part of the C.I.P. construction; and (d) the remainder was paid at actual cost.
On December 12, 2014, C requested the Defendant to suspend all the construction works of this case on the ground that it did not perform corrective measures, and accordingly, the Defendant suspended the construction work of this case around that time.
E. Meanwhile, on May 8, 2015, the Plaintiff entered the Daejeon District Court as 2015Kahap72.