공사대금
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay KRW 3,024,100 to the Plaintiff (Counterclaim Defendant) and its related amount from June 21, 2018 to September 17, 2020.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
A. The Plaintiff is a person who runs the interior business with the trade name of “C”.
B. Around June 6, 2018, the Plaintiff entered into a contract with the Defendant for the interior works of Seongbuk-gu Seoul apartment E at the construction period from June 6, 2018 to June 21, 2018 with respect to the interior works of Seongbuk-gu Seoul apartment E (hereinafter “instant construction contract”). According to the said construction contract, the Defendant agreed to pay the Plaintiff the down payment of KRW 11,000,000,000 among the construction cost to the Plaintiff on June 6, 2018, which is the date of the conclusion of the said construction contract, as KRW 11,00,000,000, the remainder payment of KRW 20,000,000, at the time of completion of double delivery, at the time of completion of construction, and at the time of completion of construction.
C. On June 6, 2018, the Defendant paid to the Plaintiff KRW 33,50,000,000 as construction price under the instant construction contract, and KRW 15,000 on June 17, 2018, and KRW 7,500,000 on July 12, 2018, and received delivery from the Plaintiff on June 21, 2018.
[Reasons for Recognition] Each entry and video of Gap evidence Nos. 1, 2, 3, 5 through 8 (including paper numbers) and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff’s assertion 1) The Defendant continued construction work under the instant construction contract, and during which process, additional construction work equivalent to KRW 22,730,00 not originally stated in the contract at the Defendant’s request was also implemented. As such, the Defendant is obligated to pay the Plaintiff the remainder of KRW 36,603,00,000, which calculated by deducting value-added tax from KRW 70,103,00,000, the sum of KRW 41,730,000 and KRW 22,730,000,000, and KRW 33,500,000, which was added to value-added tax, and delay damages therefrom, which was agreed upon by the Plaintiff and the Defendant at the time of entering into the instant construction contract, including value-added tax.