손해배상(기)
1. On July 12, 2016, the Defendant (Counterclaim Defendant) filed against the Plaintiff (Counterclaim Defendant) for KRW 135,660,00 and KRW 39,960,00 among them.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On October 8, 2015, the Plaintiff and the Defendant in Gyeyang-gu Incheon Metropolitan City newly built a multi-family house (hereinafter “instant construction”) with the construction cost of KRW 440,00,000,000, and the down payment of KRW 84,000,000 upon the commencement of construction works, the first intermediate payment of KRW 44,00,000 upon the commencement of construction works, and the second intermediate payment of KRW 88,00,000 upon the completion of the framework of the first floor, the second intermediate payment of KRW 88,00,000 upon the completion of the entire framework, and the third intermediate payment of KRW 88,00,00 at the time of approval for use, and the construction period of KRW 88,00,00 shall be six months after the commencement of construction works, and delayed compensation for delay shall be 1,100,000 of the contract amount (hereinafter “instant construction contract”).
B. The Defendant commenced the instant construction work on October 14, 2015.
C. The Plaintiff paid the Defendant the sum of KRW 264,00,000 to the second intermediate payment out of the instant construction cost.
The Plaintiff and the Defendant agreed to change the construction period of this case to the middle end of May 2016, around February 2016.
E. On March 7, 2016, the Plaintiff constructed the 3rd room and the 2nd floor height among the instant construction works executed by the Defendant on the ground that the height of the 3rd floor toilets and the outer walls of balcony is insufficient, the width of the entrance of the 1st floor has decreased, and that a defect, such as narrow width of the external parking lot, has occurred, the Plaintiff demanded the Defendant to establish the countermeasures.
On March 8, 2016, the defendant revised the part of the construction of this case to the plaintiff on March 8, 2016, and proposed consultation with the defendant on the cost of the changed construction.
F. On April 15, 2016 and April 26, 2016, the Plaintiff requested the following Defendant to repair the defects, and the Defendant suspended the instant construction on May 2, 2016.
G. On May 10, 2016, the Plaintiff urged the Defendant to complete the instant construction project by the end of May 10, 2016, and subsequently declared that the instant construction contract will be rescinded to the Defendant on May 30, 2016, and the said declaration of intent is made.