1. The Defendant’s KRW 53,356,892 as well as 6% per annum from January 1, 2018 to December 12, 2019 to the Plaintiff.

Basic Facts

On April 25, 2017, the Plaintiff (C Co., Ltd.) was awarded a contract by the Defendant for the new construction of the Jongno-gu Seoul Metropolitan Government D neighborhood Living Facilities (hereinafter referred to as the “instant building”) as KRW 550,00,000 (including value-added tax) for the construction cost of the building.

(hereinafter “instant construction work”). On September 5, 2017, the Plaintiff agreed with the Defendant to increase the construction cost of KRW 125,000,000 (excluding value-added tax).

The Plaintiff completed the instant construction, and obtained approval for use on October 12, 2017 on the instant building, and completed registration for preservation of ownership on November 30, 2017.

The Defendant paid KRW 610,500,000 in total as the instant construction and additional construction costs.

[Ground of recognition] Fact-finding without dispute, Gap evidence Nos. 1 through 4, and the fact that the court below acknowledged the unpaid construction cost as to the cause of claim as a whole, barring special circumstances, the defendant is obligated to pay to the plaintiff the remainder of 7,000,000 won of the construction cost and additional construction cost (=50,000,500,000 won - 610,500,000 won), and delay damages.

In regard to this, the defendant alleged that the defendant has no obligation to pay the construction price to the defendant because he did not complete the defect repair even though the plaintiff agreed to pay the condition of completion of the defect repair as the construction price, but it is not sufficient to accept the statement of No. 13 alone, and there is no other evidence to acknowledge it. Therefore, the defendant's

After completion, the Plaintiff added the additional construction work to the instant construction work after completion at the request of the Defendant. The Plaintiff sought payment of KRW 4,724,304 of the cost of the additional construction work, but only written evidence Nos. 5 through 6, 22, and 27, the fact that the additional construction work was carried out separately from the existing construction work at the request of the Defendant.