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1. The Defendant’s KRW 59,500,000 for the Plaintiff and the following: 5% per annum from September 27, 2012 to April 23, 2013;
Reasons
1. Basic facts
A. On May 14, 2012, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the Defendant, setting the construction period from May 8, 2012 to August 5, 2012 as KRW 595,000 for the construction cost, and paid KRW 59,500,000 for the Defendant on June 8, 2012 for the advance payment of the construction cost of the instant case.
B. After the Defendant started the instant construction, the Defendant changed 1,100 liter tank 1,50 liter to the heat exchange method (plate type, double pipe type, interior strawer type) 1,500 liter, and (2) added heat prevention equipment (Dradow method, light strawer, and heat strawer) and requested the change of design with the content of changing the three studer structure into the first and second parts of structures, and the Busan Cheong-gun ordered the suspension of the instant construction, and then selected the name engineering certified architect office as the supervising company to review the suitability of the said change.
C. On August 24, 2012, a senior engineering architect, a supervisory company, presented an overall negative opinion on the Defendant’s request for modification of the design as above. On September 3, 2012, the Plaintiff and Busan-gun, upon resumption of the instant construction project, extended the deadline for completion to October 24, 2012, and the construction is to proceed in accordance with the initial design drawings and specifications.
After that, on October 9, 2012, the Plaintiff lost the trust of the Plaintiff due to the Defendant’s unexpected work that was revealed in the process of requesting a change in the design, and on the ground that it is deemed impossible for the Defendant to complete the instant construction contract to complete the construction within the construction completion period extended due to the Defendant’s defect in the foundation of the structure of the 12 solar heat concentration building constructed by the Defendant.