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1. The Defendant shall pay to the Plaintiff KRW 72,719,048 and the interest rate of KRW 20% per annum from February 14, 2015 to the day of complete payment.
Reasons
In light of the purport of the argument as a whole, there is no dispute between the parties to the judgment as to the cause of the claim, or in full view of the purport of the arguments in Gap evidence Nos. 1, 2, and 3, the plaintiff was awarded a contract from the defendant as to the new construction of new apartment building B on November 12, 2012 and agreed to acquire ownership of 121,000,000 won in new apartment 5 stories 601 and settle the construction cost based on the minimum sale price. On January 20, 2013, the plaintiff was awarded a contract with the third party for the new construction of apartment complex B on January 12, 2012. The plaintiff completed the original construction and additional construction work under the above subparagraphs, but the defendant transferred ownership of 601 above to the third party, unlike the original contract.
Therefore, as calculated by the Plaintiff, the Defendant, barring special circumstances, is obligated to pay to the Plaintiff the remainder of KRW 72,719,048, which remains after deducting KRW 108,900,000 from the total construction cost of KRW 121,00,000 from the total construction cost of KRW 127,619,048,00,000,000,000, which is paid by the Plaintiff, as calculated by the Plaintiff, and the damages for delay calculated at the rate of 20% per annum from February 14, 2015 to the date of full payment following the service of the original copy of the payment order.
The defendant's assertion argues that the plaintiff suffered losses due to defects in the construction parts, and that the plaintiff's settlement of accounts was erroneous.
First of all, there is no specific argument or proof of the defendant as to the defect claim, whether the defect occurred or not, and the amount of damages caused thereby, so this part of the defendant's assertion is without merit.
In addition, we examine the argument of error in settlement, each of the above contracts set the contract price separately, and set the contract price, attached to the original contract, and the special agreement on payment in kind in the above 601 attached to the original contract.