공사대금 등
1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 13,978,00 and the amount of KRW 12,00 from September 12, 2017.
A principal lawsuit and a counterclaim shall be deemed to be combined.
Facts of recognition
On February 13, 2017, the Plaintiff entered into a contract for a construction project with the Defendant, stating that the Plaintiff’s construction work of the ground E-Ground Housing Construction Work, Gyeongnam-gun, Gyeongnam-gun, the construction cost of KRW 115 million, the commencement date of the construction work, February 15, 2017, and March 30, 2017, respectively.
(hereinafter “the instant construction contract”). On March 27, 2017, the Defendant submitted a design drawing upon reporting a construction change to the Korea Development Agency around 27, 2017.
(2) The Plaintiff submitted the instant design drawings based on the completed building to obtain approval for use on May 29, 2017, and requested the Plaintiff to repair the defects on July 14, 2017.
The appraiser of this court calculated the total amount of the defect repair liability of the plaintiff among the non-execution of the construction of this case and erroneous construction defects as shown in the attached Table 32,934,000, and the total amount of the defect repair liability of the plaintiff without the plaintiff's repair liability as KRW 13,048,00.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and Eul evidence Nos. 5 (including the paper number), appraiser F's appraisal result, the result of the fact-finding conducted by the appraiser F's appraiser F's inquiry about the purport of the entire pleadings and the plaintiff's assertion as to the purport of the construction contract in this case. The construction cost under the construction contract in this case is KRW 15 million, and the defendant demanded additional construction, such as re-revision of the first floor partitions and re-ruping of the closed door, and the additional construction cost was incurred. Since the defendant paid only KRW 85,00,000 among them, the defendant is obliged to pay the remaining construction cost to the plaintiff KRW 38,502,770.
The Defendant determined accommodation costs of KRW 40,00 per day and meal costs of KRW 5,00 per day and 40 days from February 15, 2017 to April 3, 2017, and resided at the Defendant’s home for 33 days as a meal and the last day of 33 days. As such, the Plaintiff was 40,000 and 2,00 won for 40 days.