공사대금
1. Ordering the payment exceeding the amount cited below among the parts concerning the principal lawsuit in the judgment of the court of first instance.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The reasoning for this part of the judgment of the court is the same as the corresponding part of the judgment of the court of first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure
2. The parties' assertion
A. The reasoning for this part of the judgment of the court of first instance is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420
B. Defendant 1) acknowledged the part of the Plaintiff’s assertion that the unpaid amount of the existing construction cost is KRW 47,475,000 among the existing construction cost. However, since the Plaintiff unilaterally constructed the construction without consultation with the Defendant, the Plaintiff cannot claim the above additional construction cost to the Defendant. (2) The Defendant suffered damages equivalent to KRW 300,707,00 due to the Plaintiff’s defect in the part constructed (i.e., the 39,700,000, the ground subsidence of KRW 158,290,000, the ground subsidence of KRW 8,50,000, the cost of measuring the ground subsidence of KRW 8,50,000, the cost of measuring the ground subsidence of KRW 15,867,000, the cost of repairing the ground subsidence of KRW 20,000, KRW 200,000, KRW 2000, KRW 450,000, KRW 39,00.
The defendant offsets the plaintiff's damage claim against the plaintiff with the amount of KRW 47,475,00,00 which is not paid to the defendant, and claim for the remainder amount of KRW 272,567,00 which is the remainder, and damages for delay as a counterclaim.
3 If the additional construction is recognized, it shall offset the defendant's damage claim against the defendant against the defendant's additional construction cost claim.
3. Determination
A. Determination as to the cause of the principal claim (recognition of KRW 93,053,00 in total with the accrued construction cost and the additional construction cost) this Court stated in this part, the reasons for this decision is that the Defendant is under the upper half of the judgment of the first instance.