공사대금
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay KRW 6,054,537 to the Plaintiff (Counterclaim Defendant) and its related amount from November 3, 2017 to August 27, 2020.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On August 12, 2017, the Plaintiff, who is operating the interior interior interior interior interior interior tennis located on the third floor of the building D in Yangsan (hereinafter “the instant construction”) from the Defendant, was awarded a contract for the construction cost of KRW 160,000,000 (excluding value-added tax) and thirty (30) days from the contract date.
(hereinafter referred to as the “instant construction contract”). B.
Since then, the Plaintiff commenced the instant construction project, but failed to complete the instant construction project within the fixed construction period, and on October 27, 2017, the Defendant notified the Plaintiff of the cancellation of the instant construction contract on the grounds of delay in construction.
C. On August 12, 2017, the Defendant paid to the Plaintiff KRW 14,00,000 in total, including KRW 40,000,000,000 on September 25, 2017, and KRW 40,000 on October 17, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. The Plaintiff asserted 1) due to the Defendant’s notice of cancellation on October 27, 2017, the Plaintiff did not receive KRW 5,000,000, which was the remainder after deducting the already paid construction cost and the repair cost due to defects, from the payment of the fixed construction cost for the portion that occurred until the rescission of the instant construction contract. According to the Defendant’s order, additional construction and reconstruction were carried out in addition to KRW 20,00,000 due to additional construction and reconstruction. Accordingly, the Defendant is obliged to pay the Plaintiff the remainder of the fixed construction cost and additional construction cost, and the delay damages therefrom.
B. As seen earlier, the Defendant notified the Plaintiff of the rescission of the instant construction contract on October 27, 2017 due to the delay of construction works. The Plaintiff asserts that the notification of the said rescission is unreasonable, and the Plaintiff will proceed with the instant construction project, even if so.