공사대금
1. The Defendant (Counterclaim Plaintiff) paid KRW 143,601,410 to the Plaintiff (Counterclaim Defendant) and its related amount from September 14, 2016 to May 30, 2019.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. The Defendant is a company running construction business, etc., and the Plaintiff (Seoul Co., Ltd. prior to the alteration) is a company running a studio, painting, waterproof construction business, etc.
B. In around 2015, the Plaintiff entered into a subcontract with the Defendant regarding the following: ① the Defendant’s contracted contract for the construction of a new urban residential housing unit D, ② the F Hospital remodeling Corporation in Daejeon Seo-gu E, ③ the H Center Construction Corporation in ASEAN, ④ the construction of a new maintenance plant in Daejeon Jung-gu, Daejeon Jung-gu, and ④ the construction of a new maintenance plant in the J Company I in Daejeon Jung-gu.
(hereinafter referred to as “this case’s construction work” which the Plaintiff and the Defendant concluded in relation to each of the above construction works.
On May 12, 2016, the Plaintiff and the Defendant settled the construction cost to be paid by the Defendant to the Plaintiff in relation to the instant construction ① through ④ KRW 168,49,99.
On May 20, 2016, the Defendant paid KRW 20,000,00 to the Plaintiff out of the above KRW 168,493,99.
On January 25, 2017, the Defendant issued to the Plaintiff a written confirmation of the payment of the construction cost that the unpaid construction cost is KRW 148,493,99 with respect to the instant construction project.
[Ground of recognition] Evidence No. 1, Evidence No. 2-1 to 4, Evidence No. 6, and purport of the whole pleadings
2. The plaintiff alleged by the parties shall seek the construction cost of KRW 148,493,99, which the defendant did not pay in relation to the instant construction work.
In regard to this, the defendant shall deduct the damages for delay from the construction cost because the plaintiff delayed the construction work in this case (i) the total of KRW 128,482,478 won (i) the 43-day construction work (ii) the 48,928,000 won (iii the 80-day construction work ③ the 46,948,000 won) the 80-day construction work, and (ii) the 1,482,478 won is part of the defect repair cost.