손해배상(건)
1. The Plaintiff (Counterclaim Defendant) paid KRW 79,804,579 to the Defendant (Counterclaim Plaintiff) and its amount from August 2, 2013 to August 27, 2014.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On March 2012, the Plaintiff entered into a contract of this case with the Defendants, under which two multi-household houses (including Dong and Dong; hereinafter the above two buildings are combined) are newly constructed on the Seongbuk-gu Seoul Metropolitan Government ground (hereinafter “instant construction”) (hereinafter “instant construction”), the construction cost of KRW 1,364,00,000, and the construction period shall be from March 2012 to September 2012, 2012; and the contract was entered into between the Defendants as follows:
(hereinafter referred to as the “instant contract”): The Plaintiff’s recipient: the Defendants.
3. Construction period: Amount of contract on March 4, 2012 after completion on September 4, 2012: KRW 1,364,00,000 - Value of supply: Value of supply: KRW 1,287,328,00: Value of supply: Additional tax: Value of KRW 77,239,200 (rate of labor cost and material cost and equipment cost 4:6%); Value of tax exemption or material and equipment cost must be paid; thus, 0.6% shall be applied.
5. Payment of the price;
(a) First advance payment (20%) : 272,80,000 won after completion of the second framework (35%) : 477,00,000 won after completion of the third framework (30%) : 409,200,000 won after completion of the fourth 4: 204,60,000 won (payment by substitution for substitute);
(b)1)The first advance payment shall be made by the recipient after the completion of the contract is submitted. When the first advance payment is made, payment shall be made in cash of KRW 130 million and KRW 130 million (in the case of the bill, payment shall be made in installments in the form of one unit of constructed bill) 2) and 100 per cent in cash.
3) The fourth progress payment shall be made to multi-household housing. (c) The payment for the fourth progress payment shall be made within 15 days from the date of receipt of the adjustment from the ordering person in accordance with the content and proportion of the adjustment within 30 days from the date of receipt of the adjustment from the ordering person.
8. Warranty period: One year; and
9. The rate of liquidated damages: 210/100 per day; and 210/100 shall be constructed in the same or more products of D buildings located adjacent to the quality control.