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1. The Defendant shall pay to the Plaintiff KRW 46,040,00 and the interest rate of KRW 15% per annum from November 2, 2017 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On May 31, 2016, the Plaintiff entered into a contract for a construction project with the Defendant and the Seo-gu Daejeon District Office building 8, 10,000 won for the construction cost of 48,00,000 won (excluding value-added tax) and the construction period from May 21, 2016 to August 20, 2016.
B. Around March 2017, the Defendant agreed to add the removal and installation works of the existing fire-fighting system against the 8th floor decline in addition to the fire-fighting works for the 8th floor fire-fighting room under the original construction contract, and the said additional construction cost is KRW 8.4 million (excluding value-added tax).
C. The Plaintiff received construction cost of KRW 13 million from the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence Nos. 6 through 8 (including provisional number), the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts, the defendant is obligated to pay to the plaintiff the remainder of the construction cost of KRW 49,040,000 [including value-added tax] - 13,000,000 (including value-added tax] and damages for delay, unless there are special circumstances.
B. The Defendant’s assertion of mutual aid and its determination 1) 8th floor Singler fixed work cost, the Defendant asserts that the construction cost should be deducted from the construction cost of the 8th floor non-construction cost, i.e., the 3 million won cost spent for the fixed work in the 10th floor of the 10th floor as a result of a fire-fighting inspection. The Plaintiff’s fact that the 8th floor singler was left without fixing the singler in the 10th floor, the fact that the 3 million won cost was spent for the singler fixed work cost, or that the singler’s construction cost did not conflict between the parties, or that the singler’s 4-1 and 2-2 were recognized as the whole purport of each statement and pleading. This part of the Defendant’s assertion is reasonable to deduct the 3 million won from the construction cost. As such, the Defendant’s 10th floor singler repair defect caused by electric installation in the 10th floor.