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1. The Defendant’s KRW 24,611,35 as well as the Plaintiff’s annual rate of KRW 6% from June 1, 2013 to July 10, 2015.
Reasons
Basic Facts
On January 24, 2013, the Plaintiff entered into a contract between the Defendant and the Plaintiff that “The Plaintiff shall perform the interior work of the restaurant “D” located in Gangnam-gu Seoul and the second underground floor from January 24, 2013 to March 5, 2013 (hereinafter “instant restaurant”), and the Defendant shall pay KRW 350,000,000 as construction price.”
(hereinafter “The instant construction contract”). On April 9, 2013, the Defendant and the Plaintiff entered into a contract with the Plaintiff that “The Plaintiff added removal, film, electricity, equipment, furniture, date, painting, painting, painting, metal, floor, and other construction work, and the Defendant shall pay KRW 49,00,000 to the construction cost.”
(hereinafter “instant additional construction contract”). On March 2013, the Plaintiff completed the construction under the instant construction contract, and completed the construction under the instant additional construction contract on April 28, 2013.
In addition, the Plaintiff concluded an additional construction agreement, such as the installation, even replacement, and replacement of glass sheet with the Defendant (hereinafter “instant separate construction agreement”), and completed the agreement.
(1) From May 3, 2013, the Defendant commenced business in the restaurant of this case.
(2) The Defendant did not pay to the Plaintiff KRW 68,00,000 among the construction cost of the instant construction contract, KRW 24,50,000 among the construction cost of the instant additional construction contract, and KRW 17,310,000 among the construction cost of the instant separate construction contract.
[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 4, and the facts of the above recognition as to the ground for a claim as to the purport of the entire pleadings, the defendant is obligated to pay to the plaintiff a total of KRW 109,810,000 (=68,000,000 won) and damages for delay.
The defendant's assertion as to the defendant's assertion is as follows: ① damage claim in lieu of the defect repair of KRW 85,198,665 due to different construction, non-construction, and defects; ② The date of completion of construction due to the delay, from March 5, 2013 to May 2, 2013, which is the day before the commencement of business.