공사대금
1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be principal lawsuit and counterclaim.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On June 201, the Plaintiff entered into a contract with the Defendant that the Defendant would supply the housing site creation work (hereinafter “instant construction work”) from the Defendant to KRW 305,80,000 (including value-added tax) for the construction cost of KRW 305,80,000 (hereinafter “instant contract”).
B. On June 2010, the Plaintiff commenced and implemented the instant construction work, which was around September 201 to November 201, and discontinued the construction work. At that time, the Plaintiff completed the remaining construction works except for the access road package construction among the instant construction works.
C. The Defendant paid KRW 114,400,000 to the Plaintiff out of the construction cost of this case.
【Ground of recognition】 In the absence of dispute, entries and images of Gap evidence Nos. 1, 2, 4, 10, 15, 16, 17, and Eul evidence No. 9 (including those with serial numbers; hereinafter the same shall apply), and the purport of the whole pleadings
2. Determination on the main claim
A. The Plaintiff’s assertion 1) The subject matter of the instant contract is as follows: (a) G forest G 5,299 square meters (hereinafter “the first site”) and 1,575 square meters prior to C (hereinafter “entry route”) in racing-si, which is the part having already been permitted at the time of the instant contract.
B) During the construction of the instant construction, the Plaintiff suspended the construction at the Defendant’s request, and up to now received KRW 114,400,000 from the Defendant out of the construction cost of the instant case. Therefore, the Defendant shall pay to the Plaintiff the remainder of KRW 171,40,000 after subtracting KRW 20,000 for the package construction cost of the access road as part of the instant construction from KRW 191,40,000 ( KRW 305,800,400 in - KRW 114,4000 in - KRW 114,000 in - 114,000 in the construction cost of the access road as part of the instant construction work. 2) The Defendant’s assertion that the construction cost of the instant construction contract of KRW 278,00,000 (excluding value-added tax) as at the time the construction permit was already granted.
The sum of the construction costs for the project is the sum.
The plaintiff first completed the construction permit.