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1. The Defendant’s KRW 8,737,803 against the Plaintiffs and 5% per annum from September 21, 2016 to December 22, 2017.
Reasons
1. Basic facts
A. On October 5, 2015, the Plaintiffs concluded a construction contract (hereinafter “instant contract”) with the Defendant for the construction of a public announcement board (hereinafter “instant building”) on the land of Ulsan-gu, Ulsan-gu, Seoul (hereinafter “instant building”) (hereinafter “instant construction”).
B. According to the instant contract, the date of commencement is October 6, 2015; the date of completion is February 2, 2016; the total construction cost is KRW 1,040,000; the advance payment is KRW 208,00,000; the amount equivalent to 20% of the contract amount with the first progress payment (the third floor); the amount equivalent to 30% of the contract amount with the second progress payment (the fifth floor); the amount equivalent to 20% of the contract amount with the second progress payment (the third floor); the amount equivalent to 20% of the contract amount with the third progress payment (the third non-permanent non-cancellation); and the amount equivalent to 10% of the contract amount at the time of completion.
C. The Defendant completed the instant construction project around March 27, 2016.
[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A Nos. 1 and 2, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The construction of this case caused defects in the instant building due to the instant construction, and the fact that the cost of repairing the defects was 39,197,877, does not conflict between the parties.
Therefore, unless there are special circumstances, the defendant is obliged to pay 39,197,877 won and damages for delay to the plaintiffs.
B. In full view of the evidence No. 8-1 and No. 2 of the cost of additional construction works, and the purport of the entire pleadings as a result of an appraiser D’s appraisal request, the appraiser reflects the appraisal result of KRW 8,050,000, which is the estimated amount requested by a water-related specialized company for damage caused by water leakage, as it is. However, the cost of KRW 15,820,000 in the actual process of performing water leakage works, and the fact that the plaintiffs paid the cost can be acknowledged.
Therefore, it is reasonable to view the cost of repairing defects due to the water leakage works as KRW 15,820,00, and the defendant raises objection to the plaintiffs.