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1. The Defendant’s KRW 12,481,00 for the Plaintiff and 5% per annum from April 14, 2017 to August 24, 2018.
Reasons
1. Facts of recognition;
A. Around May 2016, the Plaintiff entered into and changed the contract for construction works between the Plaintiff and the Defendant, requesting the Defendant to remove and remodel the old-age housing located in C when he/she was aware of the ownership of the Plaintiff, and the Defendant presented a written estimate of KRW 57.2 million (A10) for construction items to the Plaintiff.
Based on the above estimate, on May 9, 2016, the Plaintiff (contractor) entered into a contract with the Defendant (contractor) regarding the removal, waste disposal, remodeling, etc. of old houses as follows (hereinafter “instant construction contract”).
- Construction period: From May 10, 2016 to June 2016 - Construction cost of KRW 50 million: - Contract payment of KRW 20 million shall be paid on May 9, 2016. After paying intermediate payments, etc. to the Defendant, if necessary, delayed the construction date while performing the removal work, and there are many construction costs required by the Plaintiff, and the second estimate (A5) shall be again presented to the Plaintiff on June 2016, when requesting the Plaintiff to increase the construction cost.
Since then, around June 8, 2016, the Defendant agreed to increase the construction cost as KRW 100 million based on the written estimate above, and to change the construction period from June 30, 2016 to August 10, 2016, but finally agreed to increase the construction cost as KRW 130 million on June 2016.
B. Upon the Defendant’s request for the payment of the construction price, the Plaintiff paid the Defendant the sum of KRW 61,40,000,000,000,000 as the instant construction price, around May 9, 2016, KRW 15,000,000 around May 27, 2016, KRW 20,000 around June 9, 2016, and KRW 61,40,000,000,000 around June 29, 2016.
C. The Defendant’s construction defect and the discontinuance of construction were without experience in performing remodeling works for hanok, and the ground was laid down while putting up a pole without putting concrete studs. Accordingly, the Plaintiff was compared to the construction cost paid to the Defendant on July 2016.