beta
Text
1. As to KRW 334,216,239 and KRW 200,100 among them, the Defendant shall pay to the Plaintiff KRW 334,216,239, and KRW 134,116,239.
Reasons
1. Basic facts
A. On September 18, 2015, the Plaintiff concluded a contract with the Defendant on September 18, 2015, setting the construction cost of KRW 110,000,000 (excluding value-added tax), the rate of liquidated damages for delay as KRW 1/1,00, and the date of completion as February 15, 2016.
(hereinafter “instant contract”). Article 28(2) of the instant contract provides that the Defendant shall repair any defect arising in the course of the instant construction project.
B. As the instant construction has not been completed by February 15, 2016, the Plaintiff agreed to extend the construction period between the Defendant and the Defendant on April 1, 2016, and the completion date on May 5, 2016, but if the Defendant completed the instant construction by May 5, 2016, the penalty for delay shall be exempted, and if the instant construction is not completed by May 5, 2016, the instant construction is waived and the penalty for delay and the construction cost incurred in order to complete the instant construction (hereinafter “instant extension agreement”).
C. The Defendant did not complete the instant construction by May 5, 2016, which was the date of the extended completion, and obtained approval for the use of the instant factory on July 5, 2016.
With respect to the plaintiff's application for appraisal and the plaintiff's application for each appraisal supplement, the factory of this case has a part of unconstruction or modified work in comparison with the design drawing, and there were other defects such as water leakage, water drain, etc., and the above unconstruction or modified work part and the defects in the non-construction are assessed as requiring the cost of the same amount as indicated below in order to repair the defects.
The result of the first written appraisal submitted by the plaintiff on June 28, 2018, excluding 1,3,9, 10, 17, 29, 34, 35, 46, 50, 53 through 56, 58, 59, 60, 17, 17, 29, 3, 34, 35, 46, 50, 53 through 56, 58, 59, and 60, as a result of the defendant's application for the appraisal supplement.