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1. The Defendant’s KRW 13,239,482 as well as 5% per annum from September 21, 2015 to February 25, 2020 to the Plaintiff.
Reasons
1. Under the underlying facts, facts may be found either in dispute between the parties or in full view of the statements in Gap evidence Nos. 1, 5, and 11 (including branch numbers), the results of each appraisal by appraiser C and D, and the whole purport of the arguments as a result of each supplementary appraisal.
On June 19, 2015, the Plaintiff entered into a contract with the Defendant to enter into a contract with the term of 256,000,000 won for remodeling (hereinafter referred to as “instant construction”) for three-story neighborhood living facilities and housing (hereinafter referred to as “instant building”) located in Seosan-si, Seosan-si (hereinafter referred to as “instant building”) under the ownership of the Defendant, with the term of 256,00,000, and from June 25, 2015 to August 30, 2015.
B. In accordance with the instant construction contract, the Plaintiff was performing construction works from the lower police officer on June 2015. However, the Plaintiff completed the interior construction works on August 30, 2015 by modifying or adding some of the matters at the Defendant’s request during the construction works, and completed all of the construction works to the lower police officer on September 2015. However, some defects and unconstruction exist in the said construction works.
C. The Defendant paid the Plaintiff KRW 230,000,000 in total with the construction cost of the instant case.
2. Determination
A. The summary of the Plaintiff’s claim and the summary of the Defendant’s claim seek payment of KRW 36,927,00,000, which calculated by deducting KRW 714,000 from the total of KRW 26,00,000, which was unpaid among the construction price of the instant case, and the total of KRW 11,641,00,000 from the total of KRW 37,641,00.
In this regard, the defendant asserts that there is no construction cost to be paid any more than after deducting the defective parts of the construction work in this case and the non-construction and different parts.
B. The Plaintiff asserts the additional construction cost of KRW 11,641,00 in total in seven items according to the result of appraiser D’s appraisal.
The following shall be considered as follows:
1 In the case of a third-story project, the cost of removal is not included in the terms of the contract, and thus the cost of removal is KRW 480,000, but the new date is the other.