공사대금
1. On January 18, 2013, the Defendant (Counterclaim Defendant) filed against the Plaintiff (Counterclaim Defendant) KRW 22,115,310 and KRW 19,979,639 among them.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On April 27, 2012, the Plaintiff and the Defendant concluded the instant construction contract as follows.
【Standard Contract Form】
1. Project owner: The defendant (B);
2. Construction name: C Newly built site for the third floor at the time of the Government;
3. Place of construction: D at the time of the Council;
4. Period: Contract amount on April 27, 2012 to July 31, 2012: KRW 184 million (excluding value-added tax).
6. Warranty liability period: One year after the completion of legal construction.
7. Defect deposit (3/100 of the contract amount) separate (E through the shortest distance construction) cost for the entry of urban gas, separate settlement terms of the cost for the entry of urban gas, separate (15 in person) cost for the purification tank (15 in person): 18.4 million won - intermediate payment - 100 million won: The remainder shall be delivered to the owner of the building at the time of the receipt of the remainder with the security deposit for lease on a deposit basis.
The third floor (sides adjoining to the second floor) (3.3m x 3.9m) shall be built by a sand site board.
B. The construction cost that the Plaintiff completed according to the above special agreement was the total of KRW 11,043,510 (=30,043,510,000,000,000,000,000 urban gas admission works) and agreed to be borne separately by the Defendant.
C. On August 29, 2012, the Gu government market approved the use of the new building of the third floor as completed under the instant construction contract, and the Defendant entered into a lease contract for the first and second floors of the said building on September 14, 2012 after completing the registration of preservation of ownership on the said building.
The construction cost that the Defendant paid to the Plaintiff from May to November 2012 is the total of KRW 140 million.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 7 (including each number), the purport of the whole pleadings
2. Determination on the main claim
A. The plaintiff asserted that the construction work of this case was completed under the construction contract of this case, and the additional construction work was implemented separately at the request of the defendant during the construction work (the increased construction area = 24 square meters = the 11th square meters of balcony expansion 13 square meters). The plaintiff asserted against the defendant.