공사대금
1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be principal lawsuit and counterclaim.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On November 5, 2010, the Defendant issued a contract to the Plaintiff on November 5, 2010, setting the construction cost of KRW 92,000,000 (excluding value-added tax) and the construction period from October 20, 2010 to December 10, 2010 on the ground of 882, Dong-gu, Seoul Special Metropolitan City (hereinafter “instant construction work”).
(hereinafter “instant construction contract”). B.
The details of the contractor's warranty liability among the instant construction contracts are as follows.
Standard contract agreement for construction works
7. Period of warranty liability: Article 21 (Security of Defects) (1) The plaintiff shall pay to the defendant, either in cash or a certificate falling under any of the following subparagraphs, after the completion inspection, the amount calculated by multiplying the deposit rate of defect repair as set forth in the contract by the contract amount (hereinafter referred to as the "deposit for defect repair") by the contract amount:
1. Certificates from the Construction Mutual Aid Association;
2. The Plaintiff shall repair any defects arising from the relevant construction work during the warranty period prescribed in the contract (referring to the contract for the standard construction work) from the date the completion inspection is completed.
Provided, That the same shall not apply where force majeure, such as natural disaster, or cause not attributable to the defendant occurs after the object of construction is delivered.
(4) The security deposit for defect repairs under paragraph (1) shall be refunded at the plaintiff's request after the expiration of the period for warranty liability.
C. The Plaintiff completed the instant construction around December 10, 2010.
On August 16, 201, the Defendant prepared a written confirmation to the effect that the Plaintiff did not pay to the Plaintiff KRW 22,000,000,000 in total, and KRW 26,150,000 in total, out of KRW 92,00,00 in the price of the construction of the instant construction and KRW 4,150,00 in the price of the additional construction.
[Reasons for Recognition] There is no dispute;