beta
Text
1.(a)
Defendant B’s KRW 842,68,600 for the Plaintiff and 6% per annum from May 30, 2013 to March 25, 2015.
Reasons
1. Facts of recognition;
A. On August 29, 2012, the Plaintiff entered into a contract for construction works that the Plaintiff agreed to receive as contract on December 31, 2012 with D, with regard to new construction works for eight households of apartment houses of the fourth floor above the Gyeonggi-si E and F land (hereinafter “instant first house”) on the fourth floor above the Gyeonggi-si E and F land (hereinafter “instant first house”) and the completion date of the completion of the construction works as of December 31, 2012.
B. In addition, on August 29, 2012, the Plaintiff entered into a contract for construction works that the Plaintiff would receive as contract on December 31, 2012, with regard to new construction works for the Gyeonggi-si G and the fourth apartment house of the fourth floor above the H land (hereinafter “second apartment house”) on the ground of Gyeonggi-gu G and H land (hereinafter “instant second apartment”) and the scheduled completion date of construction works.
C. After that, on May 29, 2013, the Plaintiff completed the new construction works for each of the instant housing units on the same day.
In each of the instant houses, unlike the design of the Plaintiff, there were defects arising from the Plaintiff’s construction, such as defective construction of the floor floor. The construction cost of the instant non-construction portion is KRW 32,324,199 in total, and the defect repair cost is KRW 8,195,240 in total, KRW 40,519,00 in total (in accordance with the method computed by the Plaintiff and the Defendants, less than KRW 40,519,00 in total).
[Ground of recognition] A without dispute, Gap evidence 4, Eul evidence 1 and 2, appraiser I's appraisal result, the purport of the whole pleadings
2. Determination
가. 청구원인에 대한 판단 위 인정사실에 의하면, 특별한 사정이 없는 한 원고에게, 피고 B은 공사대금 11억원에서 원고가 피고 B으로부터 공사대금으로 지급받았음을 자인하는 2억원 및 공제되어야 함을 자인하는 미시공 부분 공사비와 하자보수비 24,311,400원 ≒ 40,519,000원 × 900,000,000원/(900,000,000원 600,000,000원), 원고와 피고들은 원고가 이 사건 각 주택에 관한 미시공 부분 공사비와 하자보수비를 피고들의 각 미지급...