손해배상(기)
1. The Plaintiff (Counterclaim Defendant)’s principal claim against the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. There is no dispute between the parties to the basic facts, or it may be recognized in accordance with the respective entries in Gap evidence 2 and Eul evidence 3 (including paper numbers), and with the purport of the whole pleadings.
On August 26, 2011, the Defendant received a contract for the construction of the road for the construction of the Hanwon-won Construction Co., Ltd. (hereinafter “Plaintiff Taewon-won Construction”), the Defendant: (a) subcontracted each of the above construction of reinforced concrete (hereinafter “instant construction”; and (b) combined each of the said construction works to the Plaintiff Taewon-won Development Co., Ltd. (hereinafter “Plaintiff Taewon-won Development”); and (c) combined each of the said subcontractings to the said construction works; and (d) combined each of the said subcontractings.
An advance payment of the cost of KRW 179,300,00 for a construction project to be completed on April 11, 2012, the date of commencement of the project on August 26, 2012: 452,10,000 for a contract: An advance payment of the cost of KRW 179,30,000 for a construction project: The amount completed in accordance with the details and ratio of the advance payment received from the project owner within 12 days from the date of receipt of the order or contract: The amount corresponding to the receipt of the original contract, and the
B. Around that time, the Plaintiffs stated to the Defendant an advance payment of the instant construction project an amount equivalent to 30% of the construction amount as “amount requested for advance payment” and filed an application for advance payment with a certificate of guarantee issued by the Construction Mutual Aid Association equivalent to each amount. Upon the Plaintiffs’ request, the Defendant paid to Plaintiff Taewon Construction KRW 135,630,000, and KRW 53,790,000 for advance payment based on the same basis to Plaintiff Taewon Construction, respectively.
2. Determination as to the principal lawsuit
A. Since the plaintiffs asserted that the subcontract of this case was terminated on the grounds of the defendant's default, the defendant deducted the plaintiffs from 208,006,661 won in total, including the first progress payment, the wages and expenses for employees, the cost of installing the temporary office at the site, and the interest on the unpaid advance payment, as damages corresponding to the construction price of this case.