손해배상금(기)
1. The Defendant (Counterclaim Plaintiff) paid KRW 520,100 to the Plaintiff (Counterclaim Defendant) and its related amount from May 20, 2015 to June 26, 2015.
A principal lawsuit and counterclaim shall be deemed to be combined.
1. Basic facts
A. The Plaintiff is the owner of the building indicated in the attached list (hereinafter “instant building”), and the Defendant is a construction business operator who executes waterproof, painting, interior, remodeling, etc. with the trade name “C”.
B. On November 19, 1983, the Plaintiff: (a) was in a state of need for repair, such as water leakage, etc. for which 31 years have elapsed after obtaining approval for use on the part of November 19, 1983; (b) on March 24, 2014, the Plaintiff and the Defendant repair the inside and outside of the above building; (c) was to repair the said building in a modern manner and implement waterproof construction; (d) the construction period was 25 days to 40 days; (e) the construction cost was 43 million won (Provided, That the first retainers; (e) the second intermediate payment was 15 million won on April 15, 2014; and (e) the remainder was 10 million won on April 30, 2014 to the third intermediate payment; and (e) the contract was concluded with the Defendant to first purchase the house as stipulated by the contract (hereinafter “the contract”).
C. On May 15, 2014, the Defendant: (a) commenced construction immediately after the conclusion of the instant contract, received KRW 25 million from the Plaintiff, but did not pay the third intermediate payment; (b) notified the Plaintiff that it could no longer proceed with the construction on the ground that the Plaintiff’s excessive demand for additional construction and the extension of underground water is delayed; and (c) suspended the construction.
On May 21, 2014, the Plaintiff sent a written notification to the effect that the Defendant did not complete the construction work under the instant contract, and that there was any defect, such as water leakage, etc. in the part already constructed, and thus, the Plaintiff terminated the said construction contract and filed a claim for damages in lieu of defect repair. The said notification was served to the Defendant around that time.
Grounds for Recognition: Each entry of Gap evidence 1, 2, Gap evidence 4, 6, and 7;