손해배상(기)
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) is KRW 13,730,000,000 against the Defendant (Counterclaim Plaintiff).
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. The Plaintiff tried to implement the Housing Site Creation Project (hereinafter “instant construction”) by dividing the forest land in Seosan City into 11 complex complex as shown in the attached Form 1 of the ground plan (hereinafter “1 to 11 complex”) as shown in the attached Form 1 of the said ground plan.
Accordingly, around November 201, the Plaintiff entered into a contract with the Defendant (hereinafter “instant contract”) on November 1, 201, which stipulates as follows: (a) KRW 260 million (excluding value-added tax); (b) November 1, 201 on the date of commencement; and (c) May 31, 2012 on the date of completion of construction (hereinafter “instant contract”).
B. B. Before May 31, 2012, the Defendant completed the remaining construction, excluding part of the six complex construction work and part of the eight complex stone construction work.
After that, the plaintiff moved to a six-year ground grave around October 2012, and the defendant completed the construction of a six-year housing site at that time.
On the other hand, the defendant completed 8 complexes stone construction around July 5, 2013.
C. On April 22, 2013, the Plaintiff and the Defendant drafted a written confirmation of the balance of construction costs as follows (hereinafter “instant confirmation”).
The construction cost confirmation statement: D: 80,530,00 won, including value-added tax, for the remainder of construction works for housing site preparation works: - Although the construction was completed on May 30, 2012, it is confirmed that the remaining construction cost has not been paid as of April 22, 2013, although the construction was completed on May 30, 2012.
I agree to increase or decrease the construction cost if the actual increase or decrease occurs in the area of the tin construction work.
Provided, That the actual survey period
4. As until 28.
A person shall be appointed.
D. After the preparation of the instant confirmation document, the Plaintiff paid KRW 80 million to the Defendant on April 29, 2013, KRW 35 million, KRW 10 million on June 19, 2013, and KRW 85 million on July 12, 2013.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, Eul evidence 11, the purport of the whole pleadings
2. The parties' assertion
A. At the time when the Plaintiff and the Defendant prepared the instant confirmation document, the Plaintiff and the Defendant should complete the 8 complex stone construction work executed by the Defendant.