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1. The Defendant’s KRW 83,710,00 for the Plaintiff and 6% per annum from January 6, 2016 to July 11, 2019.
Reasons
1. On August 3, 2015, the Plaintiff: (a) determined the contract amount of reinforced concrete and temporary construction works (hereinafter “instant construction works”) from the Defendant among the construction works of new buildings in C building; (b) the construction period from August 3, 2015 to October 20, 2015; and (c) subcontracted the instant construction works by setting the subcontract amount of KRW 302,50,000 as the contract amount per delay per annum (hereinafter “instant construction contract”); and (d) the fact that the Plaintiff completed the instant construction works does not conflict between the parties; and (c) the Plaintiff received reimbursement of KRW 201,850,000 from the Defendant of the contract amount.
According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff the remainder of the construction work under the construction contract of this case (=302,50,000 won - 201,850,000 won) and the delay damages from the day following the completion date of the construction work.
2. Judgment on the defendant's defense
A. 1) Although the construction supervisor pointed out any defect in the part of the Plaintiff’s assertion on the part of the Plaintiff’s construction, the Plaintiff did not take appropriate measures to directly repair the Defendant and deducted the cost from the construction cost. Accordingly, the Defendant spent KRW 9,634,00 for labor costs and indirect costs, etc. by directly conducting defect repair, waterproof repair of the first floor of the machinery room, rooftop defect repair, etc., and spent KRW 9,634,00 for labor costs and indirect costs, and it is anticipated that the said amount will be additionally required to be deducted from the remainder of the construction work. 2) According to each description and image of the evidence Nos. 5 through 9, 11 (including each number; hereinafter the same shall apply) and each of the following images, the supervisor of the instant construction work shall be deducted from the remainder of the construction work (including each number; hereinafter the same shall apply) on August 26, 2015.