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1. The Defendant’s KRW 149,510,00 for the Plaintiff and 5% per annum from November 1, 2012 to August 27, 2015.
Reasons
The Plaintiff’s assertion by the Plaintiff is liable to pay the Plaintiff the remainder construction cost of KRW 197,500,000 and damages for delay on October 2012, 201, since the Plaintiff received a contract for the installation of a new apartment (hereinafter “instant apartment”) from the Defendant around Jeju-do 1, 501-2 (hereinafter “instant apartment”) for the construction cost of KRW 330,00,000 (including value-added tax) among the new construction works of the instant apartment (hereinafter “instant apartment”). In addition, even though construction cost of KRW 7,50,000 was added to the construction cost of KRW 140,00,00 from the Defendant, the Plaintiff was paid only the construction cost of KRW 140,00,00 from the Defendant.
The defendant alleged that the construction of this case was awarded to the plaintiff the contract amount of KRW 325,00,000, but the plaintiff agreed to receive one of the households of this case from the defendant as the contract price.
In addition, the plaintiff and the defendant agreed to install additional construction cost of KRW 2,500,000, and paid the plaintiff a sum of KRW 150,120,000 to the construction cost.
Furthermore, since the construction of this case is defective, the plaintiff is obligated to pay 9,360,000 won to the defendant for the cost of repairing defects in return for the transfer of ownership under 301, one household among the apartment of this case.
Judgment
According to each statement of evidence Nos. 3, 5, and 8 as to the construction cost of the instant construction project, first of all the construction cost and the additional construction cost of the instant construction project, the Plaintiff submitted to the Defendant a statement equivalent to KRW 462,160,000 according to the design drawings of the instant construction project, and the Defendant again presented an estimate of KRW 336,00,000 to the Defendant, and the Plaintiff again prepared and submitted a statement of KRW 350,000,000 to the Defendant. However, it is insufficient to recognize that the above fact of recognition alone is insufficient to acknowledge that the Plaintiff received a contract for the instant construction project with the Defendant as KRW 330,000,000, and otherwise recognized.