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1. The Defendant: 5% per annum from July 5, 2014 to November 21, 2014; and on November 22, 2014, to the Plaintiff.
Reasons
1. Basic facts
A. On September 13, 2012, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the Defendant for the construction of neighborhood living facilities and multi-household houses located in Nam-gu Incheon Metropolitan City (hereinafter “instant building”) with the construction cost of KRW 1,035,00,000 (excluding value-added tax) (hereinafter “instant construction contract”).
B. After that, the Plaintiff entered into a contract on the modification of the construction cost of the instant construction project with the Defendant (hereinafter “instant modification contract”) with the content of changing it into KRW 1,080,000 (value-added tax separate) (hereinafter “value-added tax”).
C. On June 20, 2013, the Plaintiff completed the instant construction, and obtained approval for the use of the instant building on the same day.
[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. Plaintiff’s assertion 1) At the time of executing the instant construction contract, the Plaintiff and the Defendant agreed to adjust the construction cost based on the construction cost calculated by applying the above unit cost to KRW 1,50,035,00,000,000 per square meter for underground floors and to the construction cost of KRW 3,000 per square meter for ground floors and KRW 3,000 for ground floors. Upon completion of the instant construction project, the Plaintiff agreed to adjust the construction cost based on the construction cost calculated by applying the above unit cost to the area of the instant building on the completion drawing. The design drawings were changed in the area of the instant building as of April 49, 389, and concluded the instant construction cost modification to the total construction cost of KRW 1,080,000 for construction cost calculated by applying the above unit cost.
However, as a result of the confirmation by the Plaintiff after the completion inspection of the building of this case, the area of the building of this case is 432.9 square meters (1,428.87 square meters). The Defendant shall pay to the Plaintiff additional construction costs for the increased area than at the time of the alteration contract of this case.