beta
Text
1. The Defendant paid KRW 6,204,210 to the Plaintiff KRW 5% per annum from November 25, 2016 to December 21, 2017.
Reasons
1. Facts of recognition;
A. On October 27, 2015, the Plaintiff entered into a contract with the Defendant to contract for remodeling of the Plaintiff’s housing in Seo-gu, Busan (hereinafter “instant construction contract”) (hereinafter “instant construction contract”) and agreed as follows.
1) Construction period: Contract amount between October 27, 2015 and November 30, 2015: 40,000 won: The scope of the construction project: the whole interior repair (a total repair, such as escape, decoration repair, toilet repair, hold, gas boiler, and electric lighting, and external stairs such as external stairs, the rearrangement of front-out and leratan, painting, railing, replacement of gate, etc.);
B. On October 28, 2015, the Plaintiff paid the Defendant a total of KRW 30 million, including KRW 5 million on November 4, 2015, KRW 20 million on November 4, 2015, and KRW 5 million on November 13, 2015, as construction price.
C. Since then, the Plaintiff agreed with the Defendant to increase the construction cost of the instant construction in KRW 40 million from KRW 49,000 to KRW 49 million. The Plaintiff paid KRW 15,00,000 as the construction cost to the Defendant on January 13, 2016, KRW 5 million on January 14, 2016, KRW 5 million on January 14, 2016, and KRW 5 million on February 3, 2016.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 5, the purport of the whole pleadings
2. The Plaintiff’s assertion is liable to pay the Plaintiff a total of KRW 79,064,00 (= KRW 37,214,000,000) to the Plaintiff as follows.
The construction cost of the instant construction is 49 million won. Since the Defendant’s fairness rate is 75% as of November 2016, the progress payment is 36.75 million won (=49 million won x 75%).
As the Defendant received a total of KRW 45 million from the Plaintiff, it shall return to the Plaintiff KRW 8.25 million (= KRW 45 million - KRW 36.75 million).
B. Since the Defendant purchased all the stroke parts of the entrance main gate and the second floor railing with used goods, it is necessary to replace them with new goods, and there is a defect that should be re-construction without any waterproof construction, such as water leakage, and the defect repair cost is KRW 37,214,00.
(c).