공사대금
1. The Plaintiff (Counterclaim Defendant) paid KRW 44,342,690 to the Defendant (Counterclaim Plaintiff) and its related amount from July 10, 2018 to March 6, 2019.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On June 4, 2013, the Defendant: (a) stated on the Plaintiff on the land (former D. D. 3302); (b) the construction cost for construction of the Fdong reinforced concrete structure and the two-story detached houses (each of the 1,2 stories 65.05m2; hereinafter the same shall apply) of the F-dong reinforced concrete structure and the two-story apartment houses (each of the 1,2 stories 65.05m2; hereinafter the same shall apply) on the land (former D. 330m2); and (c) May 10, 2013; and (d) the completion date of the construction contract on November 30, 2013, the construction contract was written on November 31, 2013;
the contract for construction work (hereinafter referred to as the "contract of this case") was entered into with the terms and conditions of the contract.
B. After the Plaintiff completed construction and additional construction stipulated in the instant contract, the Defendant completed the completion inspection on September 25, 2014, and completed the registration of ownership transfer on December 16, 2014 with Defendant and wife G joint ownership.
C. The Defendant paid the Plaintiff KRW 191,950,200 in total over several occasions as construction cost.
In addition, at the time of the instant contract, both parties agreed that the construction design cost is included in the said construction cost, and the Defendant paid KRW 8,461,538 as the said construction design cost to the design office through H, the representative of the subcontractor, including the Defendant (the 19 persons, including the Defendant, entered into each contract for a similar work with the Plaintiff; hereinafter the Defendant, etc.).
[Evidence: Facts without dispute; Gap 1, 2, and 3; All purports of oral argument]
2. Determination on the main claim
A. The Plaintiff’s assertion was paid KRW 191,950,200 by the Defendant even though the Plaintiff performed construction works equivalent to KRW 233,525,640 in addition to additional construction works stipulated in the instant contract.
The defendant is obligated to pay the remaining construction cost to the plaintiff 59,694,136 won (23,525,640 won - 191,950,200 won corporate tax of KRW 8,260,000).
B. In full view of the whole purport of the argument as a result of the 1 appraiser I’s appraisal, the Plaintiff may recognize the fact that the Plaintiff performed the additional construction work of KRW 15,947,156 on the instant building.
Therefore, this is applicable.