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1. The Defendant’s KRW 30,576,00 for the Plaintiff and KRW 5% per annum from October 29, 2016 to January 18, 2018.
Reasons
1. Basic facts
A. On April 22, 2016, the Plaintiff entered into a construction contract (hereinafter “this case construction contract”) with the construction cost of KRW 174,000,000 for the building site and the Changwon Construction among D Factory Construction Works located in C when the Defendant and the Defendant performed a construction work under a contract from the owner B, and completed the said building site and Changwon Construction Works as of June 2016.
B. From May 10, 2016 to July 6, 2016, the Defendant paid the Plaintiff KRW 170,000,000 out of the construction cost under the instant construction contract, and the remainder of the construction cost is KRW 4,00,000, value-added tax of KRW 17,400,000, not paid.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above basic facts, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 21,400,000 under the instant construction contract, barring any special circumstance. 2) As to this, the Defendant asserts that the Defendant should deduct the above damages from the construction cost, given that the Plaintiff delayed the 15-day volume construction due to personal circumstances, thereby causing damages equivalent to KRW 11,00,000,000, such as idle labor cost, to the Defendant.
Comprehensively taking account of the Plaintiff’s personal circumstance, the Defendant’s new factory construction work delayed for more than two weeks due to the Plaintiff’s personal circumstance, and the Defendant’s completion of the new construction of a factory due to the delay of 11 day off the agreed construction period, following the completion of the new construction of a factory, KRW 20 million out of the construction price of B and B, the owner of the building.
According to the above facts, it is reasonable to view that the construction cost of KRW 5,000,000, which the Defendant agreed to reduce with the owner of the construction due to the delay in construction work, was due to the delay in construction due to the Plaintiff’s personal circumstances. Therefore, the Plaintiff shall pay KRW 5,00,000 to the Defendant due to the delay in construction work.