공사대금
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of lawsuit;
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On August 27, 2015, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant, setting the construction cost of KRW 500,000,00 for the construction work for the building on the land (hereinafter “instant building”) in Seocheon-gun C (hereinafter “instant building”). From September 1, 2015 to December 31, 2015, the Plaintiff entered into the said contract (hereinafter “instant contract”).
B. From September 21, 2015 to December 29, 2015, the Plaintiff received KRW 210,000,000 as the construction price from the Defendant.
C. As to the instant construction project, the Plaintiff paid KRW 208,210,80 as construction cost as stated in the attached Table 1, and the unpaid construction cost is KRW 32,821,120, including the remainder of KRW 3,193,00 and the unpaid construction cost as stated in the attached Table 2.
The plaintiff completed the structural construction of the instant construction project, and the plaintiff and the defendant agreed to terminate the instant construction contract, but did not reach an agreement for the settlement of accounts for the instant construction project.
[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, Gap 4-1 and 2 evidence, the purport of the whole pleadings
2. Determination on the main claim
A. The Plaintiff’s assertion was caused by the Defendant’s excessive request for additional construction and modified construction and the payment of the construction cost therefrom, and the Plaintiff completed 50% of the total construction cost after completion of the framework construction of the instant construction. As such, the Defendant is obligated to pay the Plaintiff KRW 250,000,000 (50,000 x 1/2), which is 50% of the total construction cost.
However, since the defendant paid only KRW 210,000 to the plaintiff, the defendant is obligated to pay the remaining construction cost of KRW 40,000,000 to the plaintiff, but it is also obligated to claim payment of KRW 30,000,000 for some claims and damages for delay.
(b)at the time of rescission of the contract for construction works at the time of the cancellation.