공사대금
1. The Plaintiff (Counterclaim Defendant) paid KRW 14,770,635 to the Defendant (Counterclaim Plaintiff) and its amount from May 11, 2017 to April 19, 2019.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Comprehensively taking account of the following facts: (a) the Defendant entered into a contract for the instant construction work (hereinafter referred to as “instant construction contract”) on October 7, 2015, setting the period from October 17, 2015 to October 17, 2016 for the construction of a multi-family house (D or E-Dong) on the land owned by the Plaintiff and the Defendant, Jincheon-gun, Chungcheongnam-gun, and three parcels of land owned by the Defendant, as KRW 300,000 per average contract amount; and (b) the construction period from October 17, 2015 to October 17, 2016.
2. Judgment on the plaintiff's main claim
A. The gist of the Plaintiff’s assertion was to complete all the remainder of the instant construction works, and to continue construction on each rooftop floor of Fdong and G Dong.
In addition, the Plaintiff carried out construction work equivalent to KRW 3,290,00 as a retaining wall construction work, KRW 13,300,00 as a single H construction work, and KRW 3,640,00 as an I rail construction work (hereinafter collectively referred to as “appurtenant work”).
As such, the total construction cost on the part of the period of the Plaintiff’s progress is KRW 556,227,00.
Of them, the Plaintiff’s amount of 277,439,00 won that the Plaintiff was paid in cash from the Defendant is the person who specifically stated the details that the Plaintiff received in cash from the Defendant on a given date. The Plaintiff’s total amount of KRW 257,429,00 is obvious in the calculation of KRW 277,429,00,00, and the amount of the Plaintiff’s amount of money is KRW 277,429,000.
It is 123,340,961 won in the amount of the person who was received by payment in kind.
Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of construction cost of KRW 155,457,039 (=556,227,00 won –27,429,00 won - KRW 123,340,961) and damages for delay.
B. 1) The Plaintiff determined the contract amount under the instant construction contract as KRW 300,000 on an average, as the scope of the base area for the calculation of the construction price under the instant construction contract is set at KRW 1). The Plaintiff is the details of the Plaintiff’s actual construction.