공사대금
1. As to KRW 52,943,920 among the Plaintiff-Counterclaim Defendant and KRW 44,421,750 among the Plaintiff-Counterclaim Defendant and the Plaintiff-Counterclaim Defendant, May 1, 2015.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On December 2014, the Defendant was awarded a contract for the removal of the G clubs in the form of the Rotterdam Corporation (hereinafter “Swewa”) among the Rotterdam Corporation (hereinafter “Swewa”), at KRW 70 million.
B. On December 15, 2014, the Defendant entered into a contract between the Plaintiff and the Plaintiff to subcontract the remainder of the removal of the instant case and the YYY (hereinafter “instant construction”) to the Plaintiff at KRW 40 million (excluding value-added tax).
C. The removal construction of this case, including the instant construction, was completed on March 24, 2015, and the Defendant was paid KRW 70 million for the removal construction of this case and KRW 40 million for additional construction work after thiswawa and its settlement.
The Plaintiff received KRW 40,800,000 from the Defendant as the construction cost of the instant case.
[Ground for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, witness C's testimony, purport of whole pleadings]
2. The allegations by the parties and the determination thereof
A. 1) The Plaintiff’s claim 1) The construction cost of the instant contract is KRW 40,00,000 (excluding surtax), and the additional construction cost is KRW 45,221,750 (excluding surtax). If the additional tax is included, the total construction cost is KRW 93,743,920 (excluding surtax). However, as the Defendant paid only KRW 40,80,000 out of the total construction cost, it is obligated to pay the remainder of the construction cost to the Plaintiff, as the Defendant paid only KRW 52,943,920, and delay damages therefrom. 2) The construction cost of the portion not performed by the Plaintiff among the construction works under the instant contract by the Defendant is equivalent to KRW 21,786,240, and the additional construction cost is KRW 13,00,000.
Therefore, the Plaintiff is obligated to return the difference of KRW 8,786,240 to the Defendant as unjust enrichment or to pay it as compensation for damages.
B. The existence and scope of the Plaintiff’s claim for additional construction cost against the Defendant, and the Plaintiff’s claim against the Defendant on January and February 2015.