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1. The Defendant’s KRW 16,130,821 as well as the Plaintiff’s annual rate from March 1, 2015 to May 15, 2015, and the following.
Reasons
1. Indication of claim;
A. On October 25, 2013, the Defendant: (a) contracted the Plaintiff’s project for the roof C rooftop (hereinafter “instant project”) from the Plaintiff for construction cost of KRW 6.2 million; and (b) completed the said project.
However, around 15:00 on December 1, 2014, due to defects in the construction of the instant construction, the Plaintiff paid the repair cost of the damaged vehicle and collected and disposed of the roof board damaged at the Plaintiff’s expense, and reconstructed the rooftop.
B. The scope of damages is to seek payment of KRW 22,30,821 out of the total construction cost paid to the Defendant, and KRW 22,230,821 out of the total construction cost paid to the Defendant, and KRW 622,30,821 of the destroyed vehicle’s repair cost, ② KRW 7.5 million of the rooftop reconstruction cost, ③ KRW 7.5 million of the damaged roof board removal and disposal cost, ④ KRW 6.2 million of the construction cost paid to the Defendant.
As to the part (3) above, the defendant is obligated to pay the plaintiff 16,130,821 won (= KRW 8,030,821 won) and damages for delay, since there is a proximate causal relation arising from the defect in the construction in connection with the construction work in this case. (4) The defendant is obligated to pay the plaintiff 16,130,821 won (= KRW 7,500,000).
However, with respect to the above part ④ it is difficult to view that the construction price paid in advance pursuant to the construction contract is damage in proximate causal relation, and thus, the Plaintiff’s claim for this part is without merit.
C. Therefore, the Defendant’s defense over the existence or scope of the obligation of the Defendant from March 1, 2015 to May 15, 2015, which is the date of the instant judgment, where it is deemed reasonable for the Plaintiff to dispute as to the existence or scope of the obligation of the Defendant from March 1, 2015, after serving the Plaintiff a copy of the complaint on the roof construction defects.