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1. The Defendant’s KRW 19,235,00 for the Plaintiff and 6% per annum from May 27, 2014 to August 18, 2015.
Reasons
1. Basic facts
A. On March 15, 2014, the Plaintiff and the Defendant: (a) with respect to the construction work for the building of the third third party and detached houses (hereinafter “instant building”) on the ground of the Nam-gu Seoul District Office and detached houses (hereinafter “instant construction work”); (b) from March 15, 2014, the construction period for the instant construction work (hereinafter “instant construction work”).
5.15.15. The construction amount was set at KRW 120,000,000, and the Plaintiff entered into a contract for the instant construction work (hereinafter “instant contract”).
B. On May 15, 2014, the Plaintiff filed an application for approval of the use of the instant building with the office of Nam-gu Office of Port, and on the 20th of the same month, the office of Nam-gu Office issued the permission for use of the instant building. The Defendant paid KRW 86,400,000 to the Plaintiff as construction cost for the instant construction project.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 5, Eul evidence Nos. 1, 2, and 17, the purport of the whole pleadings
2. Determination
A. The Plaintiff’s assertion 1) The Plaintiff asserts that the Plaintiff is obligated to pay to the Plaintiff the Plaintiff the remainder of KRW 19,235,00,00, which remains after subtracting the Plaintiff’s defect repair cost and the non-construction cost according to the appraisal result executed in the instant case from KRW 3,60,000 due to the instant construction contract and KRW 8,313,00,00 for additional construction costs, and the damages for delay incurred therefrom. 2) According to the facts acknowledged earlier, the Defendant’s allegation is KRW 33,60,000 for unpaid construction costs.
② According to the appraisal result of an appraiser D of additional construction cost, the Plaintiff may recognize the fact that the Plaintiff performed additional construction work equivalent to KRW 8,313,000 in total over 15 items, as shown in the summary of attached Table 1.
③ The Plaintiff’s defect repair and non-execution cost is the Plaintiff’s 4,911,00 won for the construction cost of the portion of the Plaintiff’s non-execution among the instant construction projects, which were determined as shown in the summary of the attached summary No. 2, according to the appraiser D’s appraisal, and 2,711,000 won for the materials cost to be paid by the Defendant under the instant construction contract.