The defendant's KRW 1,900,724 to the plaintiff and 5% per annum from January 16, 2020 to November 9, 2020 to the plaintiff.

Basic Facts

On February 10, 2018, the Plaintiff entered into a contract with the Defendant on February 10, 2018, with the construction period fixed from February 11, 2018 to May 1, 2018, with the construction cost of KRW 347,00,000, and the liquidated damages rate of KRW 1/1000 per day.

(hereinafter “instant construction contract”). The Plaintiff received advance payment of KRW 300,000,000 from the Defendant.

The Plaintiff completed the instant construction and obtained approval for use on June 25, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 1, and a summary of the grounds for a claim as a whole of the pleadings, the plaintiff completed the construction work of this case and additional construction work by contract with the defendant.

The Defendant did not pay to the Plaintiff the remainder of KRW 67,00,000,000, which excludes advance payment of KRW 367,000,000,000, total of KRW 347,000 and additional construction cost of KRW 20,000.

Here, even if the Plaintiff and the Defendant deducts KRW 20,000,000, which was agreed as compensation for defective construction volume and delayed construction volume, the Defendant did not pay KRW 47,000 to the Plaintiff.

Therefore, the defendant is liable to pay to the plaintiff KRW 47,00,000 and damages for delay.

Judgment

The fact that the construction cost set forth in the instant construction contract for the construction project for which the unpaid construction cost has been determined is KRW 347,00,000,000, the fact that the Plaintiff completed the said construction work, and the fact that the Plaintiff received KRW 300,000 from the Defendant as an advance payment is recognized as above.

In addition, the plaintiff asserts that he completed the additional construction work equivalent to KRW 20,000,000 from the defendant.

However, there is no evidence to verify whether there was an agreement between the Plaintiff and the Defendant on the additional works, and whether the Plaintiff actually engaged in any other construction work than the scope of the construction work in the instant case.

The plaintiff's claim for this part is without merit.

In the end, it is special.