손해배상(기)
1. The Defendant (Counterclaim Plaintiff) paid KRW 143,250,147 to the Plaintiff (Counterclaim Defendant) and its related amount from January 12, 2018 to July 22, 2020.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On July 30, 2015, C, as the owner of D Forest land 1,938 square meters (hereinafter “instant land”), completed the registration of ownership transfer on the instant land to E Co., Ltd. (hereinafter “E”), and E, a trustee, entered into a construction contract with the head of F Co., Ltd. (hereinafter “F”) and the instant land to newly construct accommodation facilities (hereinafter “instant accommodation facilities”).
B. On December 17, 2015, the Plaintiff entered into a sales contract with C and F to purchase in KRW 6,050,000 all of the instant accommodation facilities and business rights in which F was under construction on the instant land and its ground, and to receive the instant accommodation facilities by completion until June 15, 2016.
C. After the discontinuance of the construction work of the instant accommodation (hereinafter “instant construction work”) due to the F’s default, the Plaintiff purchased the instant land and the building under construction from C on October 25, 2016 and re-trusted the said land to E. On the same day, the Plaintiff concluded a construction contract for the instant construction work (hereinafter “instant construction contract”) with respect to the Defendant and the instant construction work from October 25, 2016 to February 28, 2017, under which the contract amount of KRW 1,815,000 (including value-added tax; hereinafter the same shall apply) was concluded.
On September 29, 2017, the Defendant completed the instant construction and transferred the instant accommodation to the Plaintiff.
E. From November 14, 2016 to September 29, 2017, the Plaintiff paid KRW 1,784,001,340 as the construction price to the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 20, 21, 222, and the purport of the whole pleadings
2. Determination on the main claim
A. Since there were defects in construction, such as the non-construction defect, water leakage, and rupture, in the instant accommodation constructed by the Defendant asserted by the Plaintiff, the Defendant totaled KRW 405,165,246 to the Plaintiff as the defect repair cost.