beta
Text
1. The Defendant’s KRW 12,00,000 as well as 6% per annum from May 22, 2015 to July 22, 2016 to the Plaintiff.
Reasons
1. On September 11, 2014, the Plaintiff: (a) concluded a contract with the Defendant for “C Rotterdam Corporation” (hereinafter “instant construction”); (b) on October 18, 2014 on the date of completion of construction; and (c) the Plaintiff completed the instant construction work on October 20, 2014; or (d) concluded a contract with the Defendant on September 11, 2014, by taking account of the entire purport of the pleadings as a whole.
According to the above facts, the defendant is obligated to pay KRW 12,00,000 (=120,000,000 - 108,000,000) calculated by deducting KRW 108,000 from the person who was paid to the plaintiff by the plaintiff, barring any special circumstances.
Furthermore, the Plaintiff and the Defendant entered into an additional construction contract equivalent to KRW 9,00,000,00 for air-conditioning quantity, signboard, food service, household construction, etc., and the Plaintiff completed this contract, thereby seeking the payment of additional construction cost of KRW 9,00,00. However, the entries in the evidence Nos. 3, 4, and 5 alone are insufficient to deem that the additional construction in the Plaintiff’s assertion was not originally included in the instant construction work, and there is no other evidence.
The plaintiff's assertion in this part is not accepted.
2. As to the Defendant’s assertion, the Defendant asserts that there was a defect equivalent to KRW 21,671,650 regarding the instant construction work, and that there was an additional loss, such as replacement cost for air conditioners, KRW 1,500,000, and KRW 5,000,000 in refund of withdrawing members, and amount of KRW 5,00,000.
The defendant's assertion that the above defect or damage was caused by only the descriptions and images of the evidence Nos. 1, 2, and 4 (including each number), shall not be recognized, and there is no other evidence.
(The defendant's application for defect appraisal does not pay the appraisal fee and does not perform the procedure. The defendant's argument is without merit.
3. Accordingly, the defendant is entitled to KRW 12,00,000 for the remainder of the construction of this case and the plaintiff's claim against the plaintiff.