1. The Defendant’s KRW 37,442,525 as well as the Plaintiff’s annual rate of KRW 5% from February 27, 2019 to January 17, 2020.

1. Facts of recognition;

A. On November 2017, the Plaintiff concluded a contract with the construction cost of KRW 189,00,000 with respect to the construction work for the construction work of the hanok building (hereinafter “instant construction work”) on the ground of the land of Yong-gun, Yong-gun, Chungcheongnam-gun (hereinafter “instant construction work”). Moreover, the construction cost of the instant construction work was set at KRW 14,00,000,000 for an additional four square meters.

B. The Defendant completed the instant construction and a gas air construction.

C. The Plaintiff paid the Defendant a total of KRW 191,00,000 as the construction price.

Meanwhile, in the instant building constructed by the Defendant, defects such as the attached Table have occurred, and the expenses equivalent to KRW 49,442,525 are required to repair them.

[Reasons for Recognition] 1 to 5, 9, 10 Evidence Nos. 1 to 5, 9, and 10 Evidence Nos. 1 to 5, the result of the appraisal commission to D Co., Ltd. of this court, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the plaintiff the above 49,442,525 won as damages in lieu of defect repair and damages for delay.

나. 피고의 주장에 대한 판단 1) 미지급 공사대금 관련 상계 주장 피고는, 이 사건 공사대금은 부가가치세를 포함하여 207,900,000원(=189,000,000원×1.1)이고, 여기에다가 까대기 공사대금 14,000,000원 및 추가공사(화장실문, 붙박이장, 샷시, 편백, 강마루, 오수관 등) 대금 8,740,000원을 합하면 230,640,000원(=207,900,000원 14,000,000원 8,740,000원)인데, 원고는 그 중 191,000,000원만 지급하였으므로, 39,640,000원(=230,640,000원-191,000,000원 을 지급하여야하는바, 위 미지급 공사대금 채권으로 원고의 하자보수에 갈음하는 손해배상채권을 상계한다는 취지로 주장한다.

First, the Plaintiff and the Defendant determined the construction cost of this case in KRW 207,90,00, including value added tax.