공사대금
1. The Defendant (Counterclaim Plaintiff) paid KRW 179,099,087 to the Plaintiff (Counterclaim Defendant) and its related amount from May 4, 2013 to August 9, 2016.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On April 2012, the Plaintiff received a contract from the Defendant on the condition that the contract amount of KRW 798,600,000 (including value-added tax) was fully paid within 15 days from the date the use of the instant building was approved (hereinafter “instant contract”).
B. The Defendant obtained approval for the use of the instant building on April 18, 2013, and completed registration of ownership preservation on May 7, 2013.
[Ground of Recognition: A. (Standard contract form, Defendant’s name and subsequent stamp image are based on Defendant’s seal) is presumed to have been authentic in the entire document, as there is no dispute.
Although the defendant has a defense to the effect that the document was forged or altered, there is no evidence to acknowledge it, the above defense is without merit.
(iii)each entry of evidence 3 and 5, and the purport of the whole pleadings
2. Determination as to the cause of the principal claim
A. The Plaintiff’s assertion 1) The Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 218,600,000,000, out of the instant construction cost of KRW 798,600,000.
B) The Defendant’s assertion and C, the Defendant’s spouse, were awarded to the Plaintiff the total construction cost of KRW 1,705,00,000,000, total construction cost of the instant construction and the instant construction and the instant construction and the instant construction and the instant construction and the instant construction and the instant construction and construction were awarded to the Plaintiff. However, the Defendant and C paid KRW 1,546,40,000, out of the said construction cost to the Plaintiff. Therefore, the remaining construction cost is KRW 158,60,000 (= KRW 1,705,000,000 - KRW 1,546,40,000,000). The remaining construction cost of the instant building and the instant construction cost of the instant building and the instant construction cost of the first parcel of land, which the Defendant ought to pay to the Plaintiff in proportion to the total floor area of the instant building and the instant construction cost of the building of KRW 1,674.