beta
Text
1. The Defendant shall pay to the Plaintiff KRW 189,547,00 and the interest rate of KRW 12% per annum from July 24, 2019 to the day of full payment.
Reasons
1. Facts of recognition;
A. On March 28, 2017, the Plaintiff purchased 1,007m2 (hereinafter “instant land”) from Jeonyang-gun, Jeonyang-gun, Jeonyang-gun, and completed the registration of ownership transfer on April 7, 2017.
B. On June 9, 2017, the Plaintiff contracted the Defendant with the construction cost of KRW 245 million on the instant land, the construction period from June 9, 2017 to September 9, 2017, at the rate of KRW 1/1,000, and paid the Defendant a total of KRW 200 million for the construction cost.
C. The Defendant suspended the foregoing construction project, which was progress, and the progress amounting to KRW 16,630,000 for progress (67.89%) is KRW 16,962,00 for the repair of the completed part, due to defects in construction, such as the body, wards, inner floors, windows, external stone embankments, toilets, and toilets.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 3, 26 (including virtual numbers), and Byung No. 1, F’s appraisal result, the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant is obligated to pay to the plaintiff 189,547,00 won [16,962,00 won for repairing defects of KRW 3,367 million (20 million - KRW 16,630,00 for delay compensation of KRW 138,915,00 for delay [20,500 x 1/1,000 x 5 million x 567 days (from September 10, 2017 to March 30, 2019)] and damages for delay at the statutory rate of 12% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 24, 2019 to the date of delivery of a copy of complaint of this case sought by the plaintiff. The plaintiff's assertion in excess of this is without merit.
B. The independent party intervenor purchased the right from E to KRW 295,00,000 for the instant land and the new building on its ground, but the divorce lawsuit was initiated at the time, and in order to avoid the subject of division of property, the pertinent land was registered in the name of the Plaintiff and completed the registration of ownership transfer under the name of the Plaintiff for the construction of the land for electric power generation.