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1. The Defendant’s KRW 72,100,000 as well as 6% per annum from August 19, 2015 to January 17, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. The Donan Investment Development Co., Ltd. (hereinafter “Donan Investment Development”) awarded a contract for the new construction of the Seosung-gu B and C ground D buildings for the development of the Seodong Industries, Daejeon, and thereafter completed the construction of the Donan Industries Development.
B. On June 27, 2014, the Defendant: (a) purchased part of the 5th, 6, and 7th (hereinafter referred to as “instant building”) of the 4,066,00,000 of the said D building (hereinafter referred to as “instant sales contract”); and (b) concluded the interior construction contract with the Plaintiff for the instant building in KRW 1,695,10,000 on November 17, 2014.
C. In addition to the construction stipulated in the foregoing interior works, the Plaintiff completed the instant building construction works, Esplate and Desprinking works, the 7th toilet location change works (hereinafter “the instant additional interior works”) and escape facilities works (hereinafter “the instant escape facilities works”).
The defendant completed the approval for use of the building of this case on February 11, 2015, and completed the report of film business and the registration of movie theaters under the name of the defendant on March 2, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1, Eul evidence 3, Eul evidence 6, Eul evidence 7, the purport of the whole pleadings
2. The parties' assertion
A. Plaintiff’s assertion 1) The primary claim is that the Defendant completed the construction of the escape facilities of this case by being awarded a contract with the Defendant for KRW 75,570,00,00, and the Defendant is obligated to pay the Plaintiff the construction cost of KRW 75,570,000 and the damages for delay from January 31, 2015 to the date of full payment after the Plaintiff completed the construction. 2) If the conclusion of the contract between the primary claim and the Defendant is not recognized, the Defendant is obligated to pay the Plaintiff the construction cost of this case, 75,570,000, which is the amount equivalent to the cost of the escape facilities of this case, and the damages for delay.
B. The plaintiff asserted in this case.