손해배상(기)
1. The Plaintiff (Counterclaim Defendant) paid KRW 13,128,087 to the Defendant (Counterclaim Plaintiff) and against this, from May 21, 2014 to August 21, 2015.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On April 19, 2014, the Plaintiff and the Defendant entered into a contract for interior works (hereinafter “instant construction”) with respect to the Seocho-gu Seoul metropolitan apartment 105 Dong 1102, the construction period from April 22, 2014 to May 5, 2014; the construction amount of KRW 5,110,000 (excluding value-added tax, advance payment 30%, intermediate payment 50%, and remainder 20%); and the Plaintiff paid advance payment and intermediate payment 4,88,00 won to the Defendant.
B. The Defendant completed the instant interior work by May 13, 2014.
[Ground for recognition] Unsatisfy
2. The parties' assertion
A. The plaintiff's assertion (1) is a defect in most part of the construction work of this case executed by the defendant, and the plaintiff must completely reconstruct.
Therefore, the plaintiff should cancel the contract of this case, and the defendant should pay to the plaintiff KRW 50 million for restitution and damages.
(2) The sum of the cost of repairing the instant construction defects and the cost of lodging during the defect repair period is at least 50 million won, which is the preliminary claim, and the amount of KRW 50 million as a part of the said amount is sought.
B. Since the Defendant’s assertion completed the instant construction, the Plaintiff is obligated to pay the Defendant the additional construction cost of KRW 15,330,000 (=5,1100,000 x 1.1 - 4,0880) and the Plaintiff’s additional construction cost of KRW 6,323,350 arising from the addition and extension of construction cost due to the Plaintiff’s completion of the floor through a separate company during the instant construction process (==5,746,500 x 5,746,50 x 1.1.1. value added tax).
3. Determination
A. In full view of each of the statements, images, and arguments as to the completion of the instant construction and the additional construction, the Defendant is deemed to have completed the instant additional construction and the Defendant’s assertion as follows.
Removal of the floor of a living room, 70.