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1. The Defendant’s KRW 29,754,00 for the Plaintiff and 6% per annum from November 3, 2016 to February 21, 2018, and the following.
Reasons
1. As to the claim for the unpaid construction cost
A. On April 11, 2015, the Plaintiff entered into a construction contract with the Defendant for a new construction of KRW 102,300,000 (hereinafter referred to as “instant construction”) with respect to the ground C and warehouse (hereinafter referred to as “instant housing”) located in New-nam-gun, New-gun, Seoul (hereinafter referred to as “instant construction”).
B) The Plaintiff completed the instant construction around June 10, 2015, and received a total of KRW 70,030,000 from the Defendant) on July 22, 2015, the Defendant completed the registration of preservation of ownership on the instant housing, and is living in the instant housing as of the date of the closing of argument.
[Ground of recognition] In light of the above facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, and Eul evidence Nos. 1, and the purport of the whole pleadings 2), the defendant is obligated to pay the plaintiff the unpaid construction cost under the instant construction contract (=102,30,000 won - 70,000 won) and damages for delay (the plaintiff's 300,000 won received from the defendant on May 7, 2015) to the plaintiff, unless there are special circumstances. However, the plaintiff's above assertion is rejected.
The defendant's defense argues that since the plaintiff completed the house of this case in accordance with the construction contract of this case but the defect occurred, 2,246,00 won should be deducted from the unpaid construction price.
According to the appraiser D's appraisal results in the video of Eul evidence 2, it can be seen that there was a defect such as stated in the attached Form in the house completed by the plaintiff, and that there was a need to repair it amounting to KRW 2,246,00.
Therefore, the above defect repair construction cost of KRW 2,246,00 should be deducted from the above construction cost of KRW 32,00,000,000, and thus, the defendant's defense is accepted and the plaintiff's assertion against this is not accepted.
C. All of the arguments.