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1. The Defendant’s KRW 10,466,70 for the Plaintiff and KRW 6% per annum from May 2, 2014 to July 12, 2016.
Reasons
1. Facts without dispute;
A. On December 2013, the Plaintiff was awarded a subcontract for a part of the construction works of officetel located in Pyeongtaek-si C, which the Defendant had been built under a contract (a wood, steel bars, equipment).
B. From December 2013 to April 2014, the Plaintiff completed the construction of the instant officetel’s underground floor and the 7th floor among the 9th floor above ground and suspended the construction.
2. The assertion of the party's own will.
A. The Plaintiff was awarded a subcontract for the said construction work by the Defendant under the circumstance that the said officetel’s civil engineering work was erroneous.
Therefore, at the time of the above subcontract contract, the defendant calculated the construction cost of the above ground floor in 300,000 won per year, and the construction cost of the underground floor was agreed to settle the actual cost invested by the
In addition, the defendant, on January 2014, directly performed the construction work of building concrete of the above officetel underground floor, but caused the defects, the defendant demanded the plaintiff to perform the construction work of correcting the above defects, and again agreed to settle the actual expenses that were put into the underground floor construction including the corrective construction cost once.
Nevertheless, the Defendant did not pay to the Plaintiff total of KRW 47 million among the construction cost of underground floors ( KRW 35 million, KRW 12 million, KRW 12 million, KRW 5.7 million, KRW 63.9 million, KRW 4.5 million, and KRW 9 million, among the construction cost of underground floors ( KRW 380,000, KRW 35 million, KRW 12 million, KRW 12 million, KRW 5.7 million, KRW 5.7 million, KRW 4.5 million, out of the construction cost of ground floors, KRW 4.5 million, and KRW 9 million, out of the construction cost of 7th floor ( KRW 380,000, KRW 3.3 million, KRW 3.5 million, and KRW 2.4 million, which was paid by the Defendant).
Therefore, the defendant is obligated to pay the above money and damages for delay to the plaintiff.
B. Defendant 1, including the Plaintiff and the instant officetel basement, agreed to set the total floor area of 760 square meters in total, including the Plaintiff, at a subcontract period of 300,000 won per square meter, and did not agree to settle the construction cost of the underground floor at actual cost to the Plaintiff.
The plaintiff constructed only 587.22 square meters among the above officetels.