공사대금
1. The Defendant (Counterclaim Plaintiff) paid KRW 9,140,000 to the Plaintiff (Counterclaim Defendant) and its related amount from October 12, 2016 to April 3, 2018.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On April 24, 2015, the Plaintiff concluded a contract for construction work (hereinafter “instant construction contract”) with the Defendant with the payment of KRW 114,00,000 for the instant housing construction project (hereinafter “instant housing”) and the said construction project as “instant construction project,” and the contract deposit of KRW 10,000 for intermediate payment, KRW 50,000 for intermediate payment, KRW 40,000 for intermediate payment, KRW 40,000 for intermediate payment, KRW 14,000 for late payment, and KRW 50,000 for late payment, and the construction period from April 27, 2015 to July 25, 2015.
B. The Plaintiff commenced the instant construction project according to the said construction contract and completed most of the construction works on July 20, 2016, and the Defendant paid KRW 105,00,000 to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination as to the principal lawsuit and the counterclaim
A. The plaintiff's assertion 1) The plaintiff asserts that the plaintiff is obligated to pay 9,350,000 won for the remainder after deducting the costs of non-construction and defects claimed by the defendant among the above construction costs, since the payment of 114,000,000 won for the construction costs of this case is 10,000 won for the additional construction costs of 11,010,000 won for the additional construction costs of 11,000 won, and the construction cost of modification is 210,000 won for the additional construction costs, the defendant is obligated to pay 9,350,000 won for the remainder after deducting the costs of non-construction and defects claimed by the defendant among the construction costs of this case. 2) The defendant's argument that there was no additional construction and alteration work. Since the defect repair cost of this case is 25,000,000 won for the non-construction and defective construction costs of this case, the plaintiff is obligated to pay 25,000 won
B. 1) Determination on the unpaid and additional construction cost claims (the main lawsuit) (a) there was an additional construction work that had no original contract in the completed construction work to be recognized as the contractor’s additional construction cost claims in principle, and the contractor and the contractor are related thereto.