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1. The defendant shall pay to the plaintiff KRW 7,692,300 as well as 5% per annum from June 6, 2020 to January 8, 2021, and the next day.
Reasons
1. Facts of recognition;
A. On December 3, 2014, the Plaintiff entered into a contract with C and Jongno-gu Seoul, and with respect to the new construction of living facilities buildings located in three parcels of land (hereinafter “the instant building”) (hereinafter “the entire construction”) for construction cost of KRW 1,370,00,000 (a separate value-added tax), and the construction period from February 2, 2015 to July 31, 2015. On May 15, 2015, the Plaintiff entered into a contract with each of the changes to the scheduled completion date of construction on April 30, 2016.
B. On September 10, 2015, the Plaintiff entered into a subcontract with the Defendant on September 11, 2015, with respect to machinery and equipment and fire-fighting works (hereinafter “instant construction works”) among the entire construction works, on the date of commencement, on February 15, 2016; the contract amount of KRW 148,50,000 (including value added taxes); 3% of the warranty deposit rate; two years of the warranty liability period; and 1/1000 of the delayed reward rate (hereinafter “instant subcontract”).
(c)
The Defendant completed the instant construction. Upon completion of the entire construction including the instant construction, the Plaintiff completed the completion inspection on July 11, 2016.
(d)
On the other hand, the Plaintiff filed a lawsuit against C with the Seoul Central District Court 2017 as 18304, and C filed a counterclaim against the Plaintiff to seek compensation for damages and delay compensation in lieu of defective construction of the instant building as 542606 by the same court. The full bench of the instant case declared that C shall pay 298,422,109 won as compensation for delay in lieu of defective construction of the building.
E. On May 17, 2018, the Defendant filed a lawsuit against the Plaintiff for the claim for construction price under the instant subcontract with Suwon District Court Sung-nam Branch 2018 combined 837, and on December 11, 2018, sentenced the Plaintiff to pay the Defendant the construction price of KRW 209,783,000.