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1. The Defendant: KRW 99,835,935 for the Plaintiff and KRW 5% per annum for the period from October 29, 2016 to November 20, 2018; and
Reasons
1. Facts of recognition;
A. On May 10, 2016, the Plaintiff entered into a construction contract with the Defendant for the construction of a multi-family house in Ulsan-gun, Ulsan-gun, Ulsan-gu, Ulsan Metropolitan City (hereinafter “instant new construction project”) with the cost of construction of KRW 4888 million (hereinafter “instant construction contract”).
B. The Plaintiff was paid KRW 438 million of the construction cost.
C. Approval for use of the instant newly constructed building was completed on October 28, 2016.
The Plaintiff is a person whose price to be paid by reducing 12,474,700 won out of the construction cost for the new construction of this case is KRW 475,525,300.
[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, and all purports of oral argument
2. The assertion and judgment
A. According to the facts found above, the Plaintiff completed the new construction of this case, but failed to receive the remainder of the construction cost of KRW 37,525,300 (=475,525,300 - 438 billion) from the Defendant. Thus, the Defendant is liable to pay the remainder and delay damages to the Plaintiff.
B. The Plaintiff asserts that the design cost of KRW 13,230,00, ② urban gas contributions of KRW 874,335, ③ high voltage cable safety cost of KRW 1,736,30, ④ installation cost of 10,520,00, ⑤ installation cost of ctv, KRW 120,000, 635,00 in total, KRW 13,530,530,00, and KRW 43,530,00 in total, and KRW 7,530,00 in the course of performing the said new construction, and that the Plaintiff paid it on behalf of the Defendant.
First of all, according to the purport of statement No. 5-1 as to the design cost of the Plaintiff, the Plaintiff paid a total of KRW 1,3520,000 as design cost in relation to the new construction project of this case on May 9, 2016 and October 20 of the same year, and there is no evidence that the design cost was not indicated in the quotation, and that there is no evidence that the Plaintiff and the Defendant would bear the design cost.