공사대금
1. All of the Plaintiff (Counterclaim Defendant)’s principal claim and the Defendant (Counterclaim Plaintiff)’s counterclaim are dismissed.
2. The costs of lawsuit shall be.
1. Basic facts
A. On May 2015, the Plaintiff received a contract from the Defendant during the period from May 1, 2015 to June 24, 2015 by setting the construction cost of KRW 18.9 million and the construction period from May 12, 2015 to June 24, 2015.
B. On May 2015, the Plaintiff concluded a contract with the Defendant during the period from May 2015 to June 30, 2015 by setting the construction cost of KRW 37 million for construction, and the construction period from May 28, 2015 to June 30, 2015.
C. From May 2015, the Plaintiff continued each of the instant construction works from around 2015, and suspended each of the instant construction works around June 24, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination on the main claim
A. The Plaintiff’s assertion made payment of KRW 8 million for construction cost, KRW 5 million for materials cost, and KRW 13 million for construction cost in relation to the astronomical construction work, and completed approximately KRW 50% for the construction work based on the building and the construction work on the first floor.
In addition, the Plaintiff paid the total of KRW 1,918,00,000 including personnel expenses, and KRW 1,720,000 including food expenses, and KRW 20,90,000 including the total of KRW 1,99,00,000,000,000 for the basic construction and the slve shelf construction, and the standard construction rate on June 24, 2015 is approximately KRW
Therefore, the Defendant is obligated to pay to the Plaintiff KRW 33.9 million and damages for delay incurred by the Plaintiff in connection with each of the instant construction works.
B. According to the above facts of recognition, it is reasonable to view that the contract for each of the instant construction works between the Plaintiff and the Defendant is cancelled as the Plaintiff ceased each of the instant construction works around June 24, 2015 (this does not clearly conflict between the parties), and the contractor does not complete the construction work in the contract for work.