공사대금
1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) that exceeds the amount ordered to pay below.
1. Costs for the construction of recognized facts: The first payment of the price from February 26, 2010 to July 26, 2010: 46,000,000 won for the first payment of the down payment: the second payment of the down payment at the time of commencing the construction: 1,000,000 won for the first payment for the second payment for the last payment for the last payment of 1,00,000 won for the last payment for the last payment for the last payment for the 5th floor watch at the time of completing the construction: 1,00,000 won for the second payment for the second payment after two months from the date of completing the construction: the remainder of 257,00,000 won for the second payment for the defect security: the rate of compensation for delay of 3% of the contract amount for the defect security: 5/1,000 of the contract amount for one day; and
A. On February 22, 2010, the Plaintiff entered into a contract with the Defendant for the construction of a five-story multi-household housing and neighborhood living facilities (hereinafter “instant building”) that are an aggregate building in Mapo-gu Seoul Metropolitan Government (hereinafter “instant construction”). The details of the contract are as follows.
(hereinafter “instant contract”). (b)
After completing the instant construction, the Plaintiff obtained approval for the use of the instant building on August 11, 2010, and the Defendant completed registration for the preservation of ownership on August 16, 2010.
C. From February 26, 2010 to September 17, 2010, the Plaintiff received a total of KRW 316,000,000,000, out of the construction cost stipulated in the instant contract, from the Defendant several times, as between February 26, 201 and September 17, 201.
[Recognition] Facts without dispute, entry in Gap evidence Nos. 1 through 4 (including branch numbers, if any) and the purport of the whole pleadings
2. According to the facts of the judgment on the Plaintiff’s principal claim, even though the Plaintiff completed the instant construction work, the Defendant did not pay KRW 187,000,000 (=503,000,000 - 316,000,000) out of the construction cost stipulated in the instant contract, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the said unpaid construction cost of KRW 187,00,000 and delay damages.
3. Determination on the defendant's mutual aid or set-off defense and counterclaim
A. The gist of the defendant's assertion is ① The plaintiff and the defendant shall balcony the fourth and fourth generation of the building of this case among the buildings of this case.