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1. The Defendant’s KRW 36,528,924 as well as the Plaintiff’s KRW 6% per annum from September 16, 2015 to November 20, 2017.
Reasons
1. Basic facts
A. On June 10, 2015, the Plaintiff received a contract from the Defendant for the work of remodeling the Gwangju Mine-gu Building C (hereinafter “instant building”) by setting the period of construction from April 2015 to June 2015 (hereinafter “instant construction”) as KRW 50,000 for the construction cost, from April 2015 to June 2015.
(hereinafter “instant contract”). (b)
Around September 15, 2015, the Defendant’s Director D prepared a written confirmation to the Plaintiff that the Plaintiff completed the instant construction, excluding the Plaintiff’s failure to perform part of the construction work, 4, 5, 5, 5, 5, 1, 2, and 2, 2015, excluding the impossibility of painting construction due to the inundation of stairs in the underground
C. Around September 25, 2015, the Defendant paid KRW 10,000,000 to the Plaintiff as the instant construction cost.
[Reasons for Recognition] Gap evidence Nos. 1, 8, 11, Eul evidence No. 3, the purport of the whole pleadings
2. The parties' assertion
A. Since the Plaintiff’s assertion completed the instant construction under the instant contract, the Defendant is obligated to pay the Plaintiff the remainder of KRW 38,569,000 after deducting the repair cost incurred from the instant construction from KRW 40,000,000.
B. Defendant’s assertion 1) The Plaintiff is obligated to pay the Defendant damages in lieu of the defect repair equivalent to KRW 19,417,00 in total as follows. (A) As a result of the appraisal of defects in the instant building, the Plaintiff did not complete the instant construction, and thus the Plaintiff was unable to complete the construction. As such, the Plaintiff should pay the Defendant penalty for delay equivalent to KRW 46,250,00 (the construction cost of KRW 50,000 x the number of delayed days x 925 days (from July 1, 2015 to January 10, 2018) x 1/100 (ordinary rate of liquidated damages) (the rate of liquidated damages).
3. The plaintiff's damage claim in lieu of the defendant's defect repair and the above compensation claim for delay set off against the plaintiff's damage claim.