손해배상(기)
1. The Defendant (Counterclaim Plaintiff) paid KRW 879,190 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from December 16, 2017 to February 1, 2018.
The main lawsuit and counterclaim are also examined.
1. Basic facts
A. On August 25, 2016, the Plaintiff concluded a contract amount of KRW 27,070,00 with respect to the construction of the Handong System and the glass construction (hereinafter “instant construction”) on the basis of the contract amount of KRW 27,070,00 (excluding value-added tax), the rate of liquidated damages is 3/100 of the contract amount; the construction period is 3/100 of the contract amount; from August 2, 2016 to December 2016 (specificly, the period of construction is vacant space); (i) production based on the estimate of construction conditions; (ii) AL smart system design; (iii) AL Han-Sok Sympan project; (iv) AL-Sympan project; and (v) OLS network; (vii) system closure; (viii) construction of the instant building; and (viii) construction of each of the instant common floors (hereinafter “the instant construction works”).
In addition, the Plaintiff paid KRW 20,000,000 to the Defendant out of the construction cost under the instant contract.
B. Around December 12, 2016, the Defendant carried out a survey for the installation of a window, etc. at the instant construction site. From February 25, 2017, the Defendant installed a window, etc. under the instant contract at the instant construction site from around February 25, 2017, and completed the instant construction after consultation with the Plaintiff, without installing one hives net and one hives function (hives), around April 4, 2017.
C. The Defendant filed a claim with the Plaintiff for the payment of the total amount of KRW 6,945,00 (=27,000,000--20,000-4375,000), by deducting the cost of KRW 430,00 from the cost of construction unpaid to the Plaintiff, and by additionally claiming the cost of KRW 375,00 incurred in adding the decoration (=27,00,000-20,000-430,000). The Plaintiff rejected the payment on the ground that there was a defect in the windows installed by the Defendant.
The Defendant collected the title, etc. claimed by the Plaintiff that the defect occurred in the process of consultation on the repair of the defect, the balance, and the settlement of the liquidated damages.
The plaintiff.