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1. The Defendant’s KRW 79,980,540 for the Plaintiff and its related KRW 2018 from February 2, 2016
1. By the end of 17.17% per annum, and
Reasons
1. Under the underlying facts, there is no dispute between the parties, or there is no counter-proof in full view of Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 5-1, Gap evidence No. 6, Gap evidence No. 16, Gap evidence No. 17-1, and Eul evidence No. 17-2, and some of Gap evidence No. C's testimony.
In early 2015, the Defendant requested Nonparty C, a construction designer, for the design and construction permission procedure of the instant house in order to construct a multi-family house located D (hereinafter “instant house”) (hereinafter “instant construction”).
B. On February 17, 2015, upon the application for design and building permit by the above C, the instant housing construction permit was granted. On March 7, 2015, the Defendant entered into a contract with the Plaintiff, who is engaged in construction business (hereinafter “instant contract”). The details of the contract are as follows.
(1) The construction cost shall be KRW 365 million (excluding value-added tax), and the down payment shall be KRW 1 million for the first time, KRW 25 million for the second time, KRW 289 million for the second time, and KRW 50 million for the remainder, and the remainder shall be paid within three months after completion.
(2) However, pure construction costs and public imposts (other than the foregoing construction cost theory, main electricity, telecommunications, purification tank, urban gas, water supply, main water supply, industrial accident insurance, and measurement) shall be borne by the Defendant who is the owner, except from the above construction cost. The design and supervision cost shall be borne by the construction contractor.
(3) Upon passing the final inspection of the Defendant, the Plaintiff may adjust the construction site by immediately removing and removing surplus materials, waste temporary materials, etc., and claim the payment of the construction cost to the Defendant.
(4) The plaintiff does not complete the construction work within the completion period under Article 19 of the terms of the contract of this case.