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1. The Defendant’s KRW 18,293,779 for the Plaintiff and 5% per annum from April 23, 2016 to April 6, 2018.
Reasons
Basic Facts
- On March 4, 2015, the Defendant: (a) concluded that the construction work for the new construction of the fourth floor neighborhood living facilities and multi-family houses (hereinafter “instant building”) on the ground (hereinafter “instant construction work”) on the ground of Sungnam-si, Sungnam-si (hereinafter “instant building”); (b) the construction work price of KRW 50,000,00 (excluding value-added tax) and the construction period from March 6, 2015 to August 30, 2015 (hereinafter “instant construction contract”); and (c) the construction cost of the instant building was paid KRW 100,000,000 after the construction of the first floor concrete building, KRW 100,00,000,000 after the construction of the instant building, and the remainder shall be paid within 60 days after the completion of the instant building.
- The Plaintiff completed the instant construction, and the instant building was approved for use on February 22, 2016.
[Grounds for recognition] Facts without dispute, Gap's 2, 3, 8, 9 evidence, Eul's 11 evidence (including serial numbers; hereinafter the same shall apply) and the summary of the plaintiff's claim as to the purport of the whole pleadings, the plaintiff completed the building of this case in accordance with the construction contract of this case. The defendant is obligated to pay the construction cost and value-added tax of 605,00,000 won under the construction contract of this case, and the plaintiff executes the additional construction at the defendant's request. The defendant is obligated to pay the plaintiff KRW 28,698,00 as additional construction cost.
However, the Defendant paid only KRW 465,00,000 among the above construction costs to the Plaintiff, and the Plaintiff and the Defendant agreed to deduct KRW 39,000,000 from the Defendant’s subsidies for the instant construction cost, and due to the Plaintiff’s defective construction, there was a defect in the cost of KRW 8,234,081 as the defect repair cost in the instant building.
Ultimately, the Defendant is obligated to pay to the Plaintiff KRW 121,463,919 (=605,00,000 won) 28,698,000 won - 465,000,000 won - 39,000,000 won - KRW 8,234,081) and damages for delay.
Judgment
The contract price between the Plaintiff and the Defendant.