공사대금
Defendant (Counterclaim Plaintiff) is the Plaintiff (Counterclaim Defendant)’s KRW 330,522 as well as the Plaintiff’s counterclaim from January 25, 2019 to January 21, 2021.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On May 16, 2018, the Plaintiff was awarded a contract with the Defendant for the construction of a new building for detached houses and commercial buildings on the ground of Incheon Cheongjin-gun, Incheon (hereinafter each of the above buildings referred to as “instant housing” and “instant commercial building”; the construction period of KRW 340 million; and the construction period of the said construction works from May 23, 2018 to September 30, 2018 (hereinafter “instant contract”). B. The Plaintiff reported the Defendant to the owner of the building as the owner of the building and carried out the construction work on December 10, 2018. The Plaintiff obtained approval for the use of the instant housing and commercial building.
(c)
From May 20, 2018 to August 14, 2018, the Defendant paid the construction price of KRW 300 million to the Plaintiff.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 and 3, Eul evidence Nos. 1 and 2, and the result of inquiry of the fact about the number of potteries by this court, the purport of the whole pleadings
2. The parties' assertion
A. The Defendant is obligated to pay the Plaintiff the construction cost of KRW 40 million and the deposit money of KRW 150,430 paid by the Plaintiff on behalf of the Defendant.
B. The Plaintiff did not complete the instant commercial building, and there was a defect in the instant housing and commercial building. The Defendant is obligated to pay 51,781,589 won to the Plaintiff as compensation in lieu of repair of defects.
In addition, upon the plaintiff's request, the defendant paid 3,241,260 won of the industrial accident insurance premium on behalf of the plaintiff, and the plaintiff did not perform the floor construction work on behalf of 5,473,800 won.
The Defendant’s claim against the Plaintiff (i.e., KRW 51,781,589 KRW 3,241,260 KRW 5,473,80) is set off against the Plaintiff’s claim against the Defendant, and thus, the Plaintiff remains at KRW 20,346,219 (i.e., KRW 60,496,649 KRW - KRW 40,150,430). Accordingly, the Plaintiff sought payment of the aforementioned KRW 20,346,219 and delayed damages therefrom.
3. Determination
A. The Defendant shall pay the Plaintiff KRW 40 million out of the construction cost under the instant contract.