공사대금
1. The Defendant (Counterclaim Plaintiff) shall pay KRW 7,988,000 to the Plaintiff (Counterclaim Defendant) and its amount from June 25, 2020 to August 13, 2020.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On August 9, 2018, the Defendant: (a) concluded a contract on August 9, 2018, with the construction of a new construction of main block warehouse on the land of 882 square meters in Incheon Seo-gu, Seo-gu, Incheon; (b) the contract price of KRW 100,000,000; (c) the commencement of construction; and (d) November 20, 2018.
(hereinafter “instant contract”). (b)
On August 13, 2018, the Defendant paid KRW 20,000,00 to the Plaintiff as advance payment under the instant contract.
C. A dispute arose between the Plaintiff and the Defendant due to the construction period, the date of payment of intermediate payment, and defects in construction, etc. under the instant contract, and the Plaintiff suspended construction.
The rate of the construction work performed by the Plaintiff under the instant contract is 29%.
Before submitting an application for amendment to the purport of the claim and cause of the plaintiff on June 23, 2020, the plaintiff argued the procedural defect of Eul evidence No. 3 (written appraisal). However, the plaintiff's submission of the application for amendment to the purport of the claim and cause of the cause was recognized as 29%. This part is deemed to be without dispute.
[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, 5, Eul evidence 3, the purport of whole pleadings]
2. The parties' assertion
A. The Plaintiff’s assertion that the construction work of this case was in force is 29%, and the construction cost is 29,000,000 won.
Therefore, the defendant is liable to pay the remaining KRW 9,000,000 as the construction cost after deducting the advance payment of KRW 20,000,000, which was paid to the plaintiff.
B. The Plaintiff asserted that ① the construction of the instant septic tank was inconsistent with the design drawings, ② the toilet construction is inconsistent with the design drawings, ③ the steel framed steel framed framed, etc.
The defect repair cost is ① KRW 14,509,00 for the snow removal construction cost of a septic tank, ② KRW 14,069,00 for the snow removal construction cost of a toilet, ③ KRW 1,012,00 for the construction cost of a tent steel framed, and the aggregate amount is KRW 29,590,000 for the construction cost of a tent steel framed.
The Plaintiff is obligated to pay the Defendant the defect repair cost of KRW 29,590,000 and the delay damages therefor.
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