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1. The Defendant’s KRW 41,931,013 as well as 5% per annum from July 25, 2014 to January 20, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. On July 1, 2013, the Plaintiff entered into a contract with the Defendant for the construction of the “D”-style building in Jeju-si, with the construction cost of KRW 50 million and the construction period fixed from July 1, 2013 to December 26, 2013, and paid the construction cost in full.
B. From March 18, 2014 to March 27, 2014, the Defendant agreed to compensate the Plaintiff for 100% of the sales amount incurred from January 2014 to March 3, 2014 (hereinafter “instant agreement”) of the instant repair works by providing the Plaintiff with the repair work for the repair of the said defects, the toilet sturging defect, the sturging sturging defect, the sturging defect, the sturg defect on the north side of the water, the smelling defect, the smelling defect on the outer wall, the sturg defect on the outer wall, and the sturging defect repair work after warehouse (hereinafter “instant repair work”). However, the Defendant agreed to compensate the Plaintiff for damages caused by delay in the instant repair work (hereinafter “instant agreement”).
C. The Defendant failed to complete the instant repair work, and KRW 26,931,013 was incurred to complete the instant repair work.
The sum of sales from January 2014 to March 2014 is KRW 10,923,975, and the sum of sales from Hongdo, KRW 30,125,00.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3-1 and 2, and the purport of the whole pleadings.
2. Determination
A. The Plaintiff’s assertion that the Plaintiff suffered emotional distress due to the Defendant’s failure to complete the instant repair work, and thus, the Defendant suffered emotional distress from the Plaintiff, so that the Defendant received consolation money in the amount of KRW 26,931,013 and the cost of repairing defects from March 28, 2014.
6. It asserts that 30,020,012 won shall be paid for damages incurred until 30.30, and that according to the instant agreement, 41,048,975 won shall be payable from January 2, 2014 to March 2 of the same year.
B. According to the facts of the recognition of the above determination as to the 1 repair cost of KRW 26,931,013, the Defendant is obligated to complete the instant repair work.