공사대금
1. The Plaintiff (Counterclaim Defendant) paid KRW 13,761,260 to the Defendant (Counterclaim Plaintiff) and its amount from November 18, 2015 to September 19, 2017.
1. Circumstances leading to the dispute of this case;
A. On March 2014, the Plaintiff and the Defendant concluded a contract (hereinafter “instant contract”) with the Plaintiff to undertake the construction of a three unit of pented building (hereinafter “instant building”) on the land of Jindo-gun, Jindo-gun (hereinafter “instant building”).
Conditions: 214.08С/64.76 square meters (1 Dong)/14.5 square meters/14.5 (2 Dong) Totaling KRW 310,000 square meters/93.78 (Intermediate Contents on Construction Costs by Kinds of Construction Works) Small 294,950,000 square meters in total and KRW 10,000 in 314,950,000 in total and KRW 314,950,000 in 50,000 in total and KRW 314,90,000 in total.
B. The Defendant, upon entering into the instant contract, drafted a written estimate (No. 2) with the main contents as follows, and agreed to the Plaintiff’s total construction cost of KRW 314,90,000 with consent thereto.
C. The Defendant performed the construction of the instant building in accordance with the instant contract, and among the instant buildings, constructed the first building with the area of 196.97 square meters, which was to be constructed with the area of 214.08 square meters in the instant contract.
The Plaintiff obtained approval for the use of the instant building on August 12, 2014.
E. The Plaintiff paid the Defendant KRW 250,000,000 in total as construction cost under the instant contract.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Determination on the main claim
A. The Plaintiff’s assertion that defects exist in the instant building constructed by the Defendant, and the Defendant is obligated to pay 43,713,000 won to the Plaintiff as compensation for damages in lieu of the defect repair. Since the Plaintiff paid 3,750,000 won to the Plaintiff, which is used for the instant construction, on behalf of the Defendant, it is obligated to pay to the Plaintiff.
(The plaintiff changed the specific amount of the claim after the statement of the complaint as above, but did not reduce the claim. (B)
A claim for damages in lieu of defect repairs.