공사대금
1. The Defendant (Counterclaim Plaintiff) paid KRW 13,600,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from November 12, 2014 to January 14, 2015.
1. Basic facts
A. On February 6, 2011, the Plaintiff was awarded a contract from the Defendant for a new construction project of light steel-frame C (hereinafter “instant housing”) on the ground of the Yansan-gu Seoul Special Metropolitan City. The content of the said construction project (hereinafter “instant construction contract”) is as follows.
(1) Construction period: From February 7, 2011 to March 31, 2011, (2) Construction Price: 48,000,000 won (per square year 1,600,000 won x 30 square meters), 3,00,000 additional construction cost at the time of additional construction; 3,00,000 additional construction cost at the time of additional construction; 3,00,000 won for special conditions - The roof board shall be 100T per annum - two toilets for toilets and three rooms for rooms.
B. After the instant construction contract, construction cost was reduced to KRW 47,600,000 ( KRW 1,600,000 per square year x 28 square year x 2,800,000) as the building area has decreased to 28 square meters.
C. On February 8, 201, the Defendant paid the Plaintiff KRW 11,00,00,000 as construction price, KRW 10,000,00 on February 18, 201, and KRW 10,000 on March 4, 201, respectively.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, and the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. On April 4, 2011, the Plaintiff completed the new construction of the instant housing on April 4, 201, and the Defendant was obligated to pay the remainder construction cost of KRW 16,600,000 as the construction cost of the instant case was paid only KRW 31,00,000.
B) The Defendant requested the following additional construction works that are not included in the contents of the instant construction contract from among the Do of New Housing Construction, and implemented the said additional construction works by the Plaintiff, and the Defendant is obligated to pay the Plaintiff the amount equivalent to the following additional construction costs: 3,000,000 won - Basic Construction Costs: 2,500,000 won - Changho and Free Construction Costs: 9,083,071 won - Defendant A (6,736,8462) in the event that the instant construction works were not completed, and thereafter, the Defendant was not obligated to pay the construction cost to the Plaintiff.